16 Nov 2009
ENERGIZER NZ LIMITED V PANASONIC NEW ZEALAND LIMITED HC AK CIV 2009-404-4087
- Citation
- openlaw-1dc92374_0039_48d3_8c0b_cadfbbdb3eae.pdf
- Court
- High Court
The TV advertisement gave rise to a serious question to be tried because, although the Guinness accolade is literally true, the unqualified prominent claim combined with an illegible, industry‑opaque asterisked qualification created a realistic risk of misleading consumers seeking device‑specific performance; given the evidential uncertainty on testing and the risk of irremediable loss of customers, the balance of convenience and overall justice required an interim injunction limited to restraining further broadcasting of the television advertisement pending trial.