New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Secondary meaning

Legal area

Court

30 Oct 2014

THE CO-OPERATIVE BANK LTD v ANDERSON [2014] NZHC 2686

Citation

[2014] NZHC 2686
Court

High Court

TCB failed to show a seriously arguable case of misrepresentation or that 'The Co-operative Bank' had acquired a secondary meaning sufficient to monopolise 'co-op' or 'co-operative'; NZACU's marks and get-up differ, 'co-op' is descriptive and commonly used in the trade, NZACU's use is likely honest practice under s 95, and the balance of convenience and overall justice require refusal of an interim injunction.
31 Mar 2010

HEARING CARE MANAWATU LIMITED AND ANOR V NATIONAL HEARING CARE (NEW ZEALAND) LIMITED HC AK CIV 2009-404-8506

Citation

openlaw-2d58a772_bd22_479f_8744_77d4b6cb9e89.pdf
Court

High Court

The plaintiffs established a seriously arguable s 9 claim because the defendant's mark and trade name shared distinctive elements (the words HEARING CARE and a similar swirl) and there was credible evidence of consumer confusion in the Manawatu, Wanganui and Wellington areas (including vulnerable elderly consumers); the balance of convenience and interests of justice required a tailored interim injunction limited to those geographic areas, not a nationwide restraint, and the plaintiffs were not disentitled by delay or acquiescence.