12 Jun 2013
UNILEVER PLC v McPHERSON'S CONSUMER PRODUCTS PTY LIMITED [2013] NZHC 1458
- Citation
- [2013] NZHC 1458
- Court
- High Court
Unilever failed to establish awareness of its CATWALK mark in the relevant New Zealand market as at 15 July 2010 because sales volumes and value were infinitesimal relative to the market, advertising and promotional evidence were minimal and undeveloped, and stockist and internet evidence lacked necessary context; accordingly the Assistant Commissioner's decision rejecting Unilever's s17(1)(a) opposition is confirmed and Unilever cannot succeed on s17(1)(b) or s25(1)(c).