21 Oct 2019
WINC AUSTRALIA PROPRIETARY LTD v NXP HOLDINGS LTD [2019] NZHC 2682
- Citation
- [2019] NZHC 2682
- Court
- High Court
The Court held there is a serious question to be tried that respondents' use of 'NetXpress' may infringe Winc's registered NETXPRESS marks and may breach the Fair Trading Act and constitute passing off; it was not persuaded respondents had an effective licence to the NETXPRESS brand under the SPA as contended; the balance of convenience favored Winc because damages would be an inadequate remedy for dilution of a registered mark and Winc's undertaking as to damages was supported, and therefore an interim injunction restraining respondents' use of the NETXPRESS marks pending trial was granted.