11 Nov 2022
ENERGY BEVERAGES LLC v FRUCOR SUNTORY NEW ZEALAND LIMITED [2022] NZCA 536 [11 November 2022]
- Citation
- [2022] NZCA 536
- Court
- Court of Appeal
The Court held the s 75 seven year presumption of validity precludes a challenge under s 18(1)(a) after seven years from the deemed date of registration; where a colour trade mark includes a required colour code/description provided under reg 44(g) that written description (Pantone 376C) prevails over a scanned swatch on the register as the definitive identification of the colour; although descriptive terms like 'predominant colour' are prone to subjectivity and risk imprecision, the appeal was dismissed on the primary basis of the s 75 time bar.