6 Oct 2015
CROCODILE INTERNATIONAL PTE LTD v LACOSTE [2015] NZHC 2432
- Citation
- [2015] NZHC 2432
- Court
- High Court
The Crocodile Logo did not attract New Zealand artistic copyright because, when created, it possessed the essential characteristics of a design capable of registration under the prior design enactments (PDTMA 1922/Designs Act); even assuming copyright existed and was owned by Dr Tan, defendants were precluded from preventing Lacoste's use by reason of implied authorisation/acquiescence and delay; Lacoste had a bona fide intention to use the mark in New Zealand so its registration application must be allowed; there was no bad faith and ownership was not successfully challenged.