17 Feb 2015
JEANSWEST CORPORATION (NEW ZEALAND) LIMITED v G-STAR RAW C.V. CA764/2013 [2015] NZCA 14
- Citation
- (2015) 13 TCLR 787
- Court
- Court of Appeal
The Court held on the evidence Jeanswest (Australia) copied a substantial part of G‑Star's Elwood design (via the Anniversary sample) and that Jeanswest NZ, having imported and sold the copied jeans pursuant to decisions made by Australian management whose knowledge is imputed to the NZ entity, was liable for both primary and secondary infringement; additional damages of NZD 50,000 were appropriate; the permanent injunction was set aside as overbroad; costs awarded to respondents on a single standard appeal band B basis.