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…