30 Jan 2019
BEIERSDORF AG v UNILEVER PLC [2019] NZHC 44
- Citation
- [2019] NZHC 44
- Court
- High Court
There was no evidential basis that BLACK & WHITE carried a double-attribute meaning in New Zealand at the application date; overseas use without evidence of effect in New Zealand is insufficient; BLACK & WHITE was inherently capable of distinguishing the appellant's deodorants as at 18 September 2014; accordingly neither s 18(1)(b) nor s 18(1)(c) precluded registration and the application must proceed to registration.