8 Sept 2015
DAIMLER AG v SANY GROUP CO LTD [2015] NZCA 418
- Citation
- (2015) 14 TCLR 191
- Court
- Court of Appeal
The Court held the Sany mark is visually and conceptually distinct from Daimler's three-pointed star marks such that use of the Sany mark is not likely to deceive or cause confusion under s 17(1)(a); that finding disposes of s 17(1)(b) and s 25(1)(b); and although Daimler's marks are well known, s 25(1)(c) is not engaged because the marks are not identical or similar and no connection in trade would be inferred, therefore the appeal is dismissed.