26 Aug 2014
METALMAN NEW ZEALAND LTD v SCRAPMAN BOP LTD [2014] NZHC 2028
- Citation
- [2014] NZAR 1393
- Court
- High Court
The Court held that the single newspaper advertisement on 11 March 2011 constituted genuine use of the trade mark in the relevant period. Given the advertisement's format, placement in the local business pages, the absence of any suggestion of an ulterior motive and the context of a small local scrap metal business, the use was real commercial exploitation and not merely token; therefore the Assistant Commissioner's revocation for non-use was wrong and is set aside.