19 Dec 2012
FAST FUTURE BRANDS PTY LIMITED (FORMERLY VALLEYGIRL FASHIONS PTY LIMITED) V VALLEYGIRL NEW ZEALAND LIMITED (FORMERLY HANAMA COLLECTION (NZ) LIMITED) HC AK CIV 2011-404-1283
- Citation
- openlaw-3bd686c4_f75c_47bd_9363_4931b8896097.pdf
- Court
- High Court
The Court found on the balance of probabilities that Michael Ma registered the New Zealand Valleygirl and Temt trade marks in 2003 with the consent of Jim Marr/FFB and thereafter VGNZ consistently relied on that right; FFB's applications in 2009–2010 were brought despite knowing Ma's marks were valid and thus were made in bad faith; Ma's marks were therefore wrongly revoked and FFB's 2010 New Zealand registrations are invalid and must be removed; accordingly VGNZ succeeds in its claims including for injunctive relief and FFB's claims fail.