31 Jul 2017
NATIONAL MINI STORAGE LTD v NATIONAL STORAGE LIMITED [2017] NZHC 1775
- Citation
- [2017] NZHC 1775
- Court
- High Court
The Court refused the quia timet injunction and dismissed the claim because the plaintiff failed to prove that defendants' use of "National Storage" in Auckland was likely to mislead or deceive a substantial number of consumers or amount to passing off; the words "National" and "Storage" are descriptive, the prominent distinctive element of the plaintiff's mark is "Mini", the parties' branding and websites are visually distinct, actual confusion evidence was minimal, defendants gave enforceable online undertakings and plaintiff's prior acquiescence and delay weighed against equitable relief.