20 Nov 2017
MAN TRUCK & BUS AG v SHAANXI HEAVY-DUTY AUTOMOBILE CO. LTD [2017] NZHC 2821
- Citation
- [2017] NZHC 2821
- Court
- High Court
Once MAN established reputation in New Zealand the onus shifted to Shaanxi to prove on the balance of probabilities that use of SHACMAN would not be likely to deceive or cause confusion; Shaanxi failed to provide probative evidence, particularly from the relevant specialist market, and the Assistant Commissioner erred by over-emphasising mark dissimilarity, therefore registration had to be refused and the appeal allowed.