21 Mar 2014
DAIMLER v SANY GROUP CO LIMITED [2014] NZHC 532
- Citation
- [2014] NZHC 532
- Court
- High Court
The Court dismissed the appeal: although Daimler's three-pointed star marks were sufficiently well known in New Zealand, Sany's composite mark (device plus the word 'SANY') is visually and conceptually sufficiently different that its notional or actual use is not likely to deceive or confuse purchasers in the relevant, discerning markets; consequently Daimler's oppositions under ss 17(1)(a), 17(1)(b), 25(1)(b) and 25(1)(c) fail and Sany's application may be approved.