21 Mar 2007
EFFEM FOODS LIMITED V CADBURY LIMITED HC WN CIV 2005-485-1487
- Citation
- openlaw-600dfb62_0a68_4f99_ac77_96eb232a8b35.pdf
- Court
- High Court
Effem failed to prove prior use of EARTH in New Zealand in a trademark sense because the television advertisement and limited promotional production did not establish that EARTH, used alone, functioned to indicate trade source; Cadbury's own evidence showed the application was defensive and displaced the prima facie inference of intention to use, so Cadbury failed to establish a bona fide intention to use EARTH and the application must be rejected.