30 Sept 2019
COMITE INTERNATIONAL OLYMPIQUE v TEMPTING BRANDS NETHERLANDS B.V. [2019] NZHC 2476
- Citation
- [2019] NZHC 2476
- Court
- High Court
The Assistant Commissioner's findings were correct and not shown to be wrong on rehearing: IOC failed to establish sufficient reputation or use in New Zealand as at 22 June 2015 to engage s17(1)(a); IOC failed to prove the higher threshold required under s17(1)(b) (passing off or Fair Trading Act breaches); there was insufficient evidence to infer bad faith by TBN under s17(2); and IOC did not establish prior use or proprietorship in New Zealand under s32. Appeal dismissed.