12 Feb 2014
INTERCITY GROUP (NZ) LTD v NAKEDBUS NZ LTD [2014] NZHC 124
- Citation
- [2014] 3 NZLR 177
- Court
- High Court
Purchasing keywords alone (an invisible act known only to advertiser and Google) does not meet the s 89(2) threshold of being 'used in such a manner as to render the use ... likely to be taken as being use as a trade mark'; however the appearance and content of Nakedbus's Google advertisements and the landing page featuring the words 'inter city', given New Zealand consumer recognition of 'InterCity' as a trade mark and the presentation of the ad (bolded sign, placement among organic 'InterCity' results, absence of clear disavowal), amounted to use likely to be taken as use as a trade mark an…