23 Mar 2006
AUTOMOBILE CLUB DE L'OUEST, ACO V SOUTH PACIFIC TYRES NEW ZEALAND LIMITED HC WN CIV 2005 485 248
- Citation
- openlaw-394e194a_d3a2_43bd_b95a_dac725ab78ab.pdf
- Court
- High Court
The Assistant Commissioner's decision was upheld in substance: although LE MANS has sufficient distinctiveness in New Zealand to be registrable under s14(1)(e) generally, the appellant failed to prove factual distinctiveness or proprietorship in New Zealand; the respondent's prior use of LE MANS on tyres since 1986 made it the proprietor for tyres in New Zealand; concurrent use on tyres would be likely to deceive or cause confusion under s16 and offend s17(2); accordingly registration may proceed only if tyres and parts, fittings and accessories for tyres are excluded from the specification.