22 Mar 2007
AQUA TECHNICS POOL AND SPA CENTRE NEW ZEALAND LTD V AQUA-TECH LTD CA CA257/05
- Citation
- openlaw-663d36a6_275e_435a_a349_288869b108fa.pdf
- Court
- Court of Appeal
The Court held that the evidence (promotional catalogues headed 'Aqua‑Tech', brochures such as 'Caprice by Aqua‑Tech', notices affixed to pools and the respondent's role as manufacturer) established use of 'Aqua‑Tech' as a trade mark in relation to swimming pools and spa pools prior to the appellant's use; the manufacturer's connection to the goods distinguished this from service‑only use, there was no intention to abandon despite lapse of registrations, and thus the respondent retained proprietorship; appeal dismissed.