New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Licence termination

Legal area

Court

30 Jul 2009

WATSON & SON LIMITED V ACTIVE MANUKA HONEY ASSOCIATION INC. AND ORS HC HAM CIV 2008-419-1495

Citation

openlaw-28b9b534_1b89_4da1_bb34_eb8ea1c2f6c8.pdf
Court

High Court

AMHA demonstrated a strongly arguable case on both trade mark infringement and passing off because UMF and UNIQUE MANUKA FACTOR are used interchangeably in trade and associated with AMHA and its licence regime, Watson's new labelling is likely to cause confusion and to misrepresent Watson's products as AMHA-endorsed, and the potential reputational harm to AMHA and its licensees is incalculable and not adequately compensable by damages; accordingly the balance of convenience favors granting an interim injunction restraining Watson's use of UMF and UNIQUE MANUKA FACTOR and requiring removal/cov…
19 Dec 2008

WATSON AND SON LTD V ACTIVE MANUKA HONEY ASSOCIATION CA CA762/2008

Citation

openlaw-25a64105_bf99_4735_9c9c_344e79b50122.pdf
Court

Court of Appeal

The Court upheld the High Court refusal of interim orders because the interlocutory issues could not sensibly be resolved at this stage, there was significant evidence some product in the market was not true to label and consumer interests weighed against injunctive relief, and Watson failed to produce evidence it could meet an undertaking as to damages, so the balance of convenience favoured AMHA.