27 Mar 2017
OMEGA SA (OMEGA AG) (OMEGA LIMITED) V GURU DENIM INC [2017] NZCA 81
- Citation
- [2017] NZCA 81
- Court
- Court of Appeal
Although Omega proved a reputation in its combined word-and-symbol mark, it did not establish that the Guru mark would cause a reasonable likelihood of deception or confusion: the Guru mark and Omega symbol differ materially in orientation, overall shape, line thickness and detail such that, applying the Smith Hayden notional-use test and considering the relevant market of quality watch purchasers, no substantial number of persons would be confused; failure under s 17(1)(a) is fatal to Omega's ss 17(1)(b) and 25(1)(b)/(c) objections; appeal dismissed.