11 Nov 2008
BRITISH AMERICAN TOBACCO (BRANDS) INC V NV SUMATRA TOBACCO TRADING COMPANY HC WN CIV 2007-485-2814
- Citation
- openlaw-9d116e11_6e18_411c_8465_894825bbd254.pdf
- Court
- High Court
BAT failed to prove the necessary substantial reputation in New Zealand for s16(1) given inadequate market evidence of awareness and impact of international sponsorship; however, on an entirely notional s17(1) comparison the shared element 'Lucky' plus conceptual similarity (games-of-chance connotations), the likelihood of imperfect recollection/abbreviation, and the retail point-of-sale circumstances created a reasonable possibility of deception or confusion such that NV Sumatra did not discharge the onus of showing no reasonable possibility of confusion; accordingly registration of LUCKY DR…