New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Registration eligibility

Legal area

Court

24 Aug 2018

RPM v THE COMMISSIONER OF POLICE [2018] NZHC 2198

Citation

[2018] NZFLR 751
Court

High Court

The Amendment Act validly and retrospectively extended registration eligibility by adding sch 1 cl 1(e); 'following' in cl 1(e) encompasses being subject to release conditions after the expiry of the qualifying sentence where those conditions relate to that sentence, prior administrative removal did not prevent re-registration once Parliament enacted a retrospective amendment, and no basis existed to quash the cumulative sentence as a remedy for the NZBORA breach.
21 Jun 2007

V BUILD-A-BEAR WORKSHOP, INC HC WN CIV 2007-485-196

Citation

openlaw-95ec1f28_9a0e_4a07_a300_89ad399f9811.pdf
Court

High Court

In the absence of evidence of acquired distinctiveness, the three-dimensional heart shape is a simple, commonly used form in relation to toys and retail services and, given the broad specification, other traders are likely legitimately to use the shape; therefore it is not inherently capable of distinguishing the applicant's goods or services and fails s.18(1)(b), so the Assistant Commissioner's refusal was correct.