20 Sept 2006
ABB LTD & ORS V NZ INSULATORS LTD HC AK CIV-2004-404-4829
- Citation
- openlaw-82f79b3c_5bbb_4a9d_b804_17b224f8cc62.pdf
- Court
- High Court
NZI's conduct in manufacturing, packaging and marketing the BM in a form virtually identical to the S91, using the same blister packaging, part numbers and pricing, and specific representations (including '3kA' marking and fax describing BM as 'equivalent'), was likely to mislead purchasers as to commercial origin and as to suitability/safety (including 3kA short-circuit capacity) in breach of ss 9 and 10 FTA; passing off failed because goodwill in New Zealand S91 market prior to 2004 belonged to NZI as distributor; Desto owned copyright in three of four technical modification drawings and NZ…