19 Dec 2014
CURE KIDS v NATIONAL SIDS COUNCIL OF AUSTRALIA LTD [2014] NZHC 3366
- Citation
- [2014] NZHC 3366
- Court
- High Court
The Court held that Cure Kids' use during the relevant period constituted bona fide preparatory use of the word mark THE RED NOSE DAY but did not constitute use of the device‑inclusive registrations nor of the component registrations NOSE DAY/NOSE; preparatory external steps were sufficient to be 'genuine use' in the course of trade, but the use was not made in relation to the specific services in class 41 for the relevant period; the Sprott controversy was a 'special circumstance' historically but did not prevent non‑use in the latter relevant period; a residual discretion under s 66(1) exis…