20 Jun 2013
ZOGGS v SEXWAX [2013] NZHC 1494
- Citation
- [2013] NZHC 1494
- Court
- High Court
Appeal allowed. The High Court held there was insufficient evidence to establish bad faith, the 2009 email and draft coexistence agreement related to the US application and were unaccepted offers not binding on Zoggs, the presumption of intention to use was not displaced and there was sufficient evidence of intended use in class 25, and there was no likelihood of confusion because the respondent's only New Zealand reputation was in a complex SEX WAX logo that is visually and conceptually distinct from the single-word ZOGGS mark (any respondent reputation was confined to a specialist surf mark…