3 Dec 2013
BAYER CONSUMER CARE AG v DBC, LLC [2013] NZHC 3203
- Citation
- [2013] NZHC 3203
- Court
- High Court
The marks ELEVIT and ELEVIV are visually, aurally and stylistically similar (five of six letters identical, similar fonts and stylisation) and, applied to the same or similar goods, create a real risk of consumer confusion and deception; the Assistant Commissioner erred by overemphasising the final letter and failing to consider passing off and Fair Trading Act implications, therefore registration of ELEVIV must be declined.