New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Colour trade mark
  • 16 Sept 2021

    GENESIS ENERGY LIMITED v Z ENERGY LIMITED [2021] NZHC 2423

    Citation
    [2021] NZHC 2423
    Court
    High Court

    The court refused the interim injunction. While there was a serious question that Z used orange as a sign, the judge found Genesis's trade mark claim weaker because the registered mark was orange adjacent to black whereas Z's limited use was orange against predominantly blue and white; importantly, on the passing off and Fair Trading Act claims the court concluded the orange accents and half‑orange VW were more likely to be perceived as allusions to Z's own master brand than as indicating origin or association with Genesis, and the balance of convenience and overall justice favoured refusing…