New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Packaging/get-up

Legal area

Court

23 Jun 2021

FLUJO SANGUINEO HOLDINGS PTY LTD v MERISANT COMPANY [2021] NZHC 1505

Citation

[2021] NZHC 1505
Court

High Court

Flujo failed to prove goodwill in the Natvia get-up or that Merisant's 2016 Naturals packaging or mark was likely to deceive or confuse consumers; differences in overall visual impression, dominant colours, device treatment and typographic presentation meant no passing off, no breach of the Fair Trading Act and no trademark infringement; sales declines were attributable to pricing and promotions rather than confusion.
23 Aug 2011

BIG BLAK SAKS NEW ZEALAND LIMITED V D & A MARKETING LIMITED HC AK CIV-2011-404-3773

Citation

openlaw-8a71de01_990e_410c_9b8b_c3ea591e96fb.pdf
Court

High Court

The court held there was a serious question to be tried that BBS has protectable goodwill in the combined get-up of its four product lines and that D&A's Handle Sack 4U, Cost Less and Drawstring 4U are sufficiently similar to cause likely confusion and damage to BBS' goodwill; on the balance of convenience and overall justice an interim injunction should issue in BBS' favour (costs reserved).