5 Nov 2014
GREEN CABS LIMITED v PARSHU RAM NAIDU [2014] NZHC 2749
- Citation
- [2014] NZHC 2749
- Court
- High Court
The Court found a serious question to be tried on contract, Fair Trading Act and passing off; the vehicle's green was the same or almost indistinguishable from Green Cabs' Pantone 368C such that color alone can cause confusion; damages would be inadequate for Green Cabs while adequate for the defendant; on balance of convenience and overall justice an interim injunction prohibiting the defendant from operating the specified vehicle as a commercial passenger vehicle until further order or until repainted to a colour acceptable to Green Cabs was justified.
- Interim injunction
- Post-termination contractual obligations
- Misleading or deceptive conduct (s 9 fta)
- Passing off
- Diversion of trade
- Goodwill and brand dilution