23 Jul 2020
PHARMAZEN LIMITED v ANAGENIX IP LIMITED [2020] NZCA 306
- Citation
- [2020] NZCA 306
- Court
- Court of Appeal
The Court held that s 25(1)(b) is determined by a notional fair‑use comparison and does not require actual use or reputation of the registered proprietor; applying that test the Court found ACTAZIN and ActiPhen to be similar and that Pharmazen failed to prove on the balance of probabilities that use of ActiPhen would not be likely to deceive or confuse, therefore the appeal is dismissed.