16 Apr 2014
CADBURY UK LIMITED v J H WHITTAKER & SONS LIMITED [2014] NZHC 816
- Citation
- [2014] NZHC 816
- Court
- High Court
The Court held that, assessed as a whole, BERRY FOREST and BLACK FOREST are conceptually different (berries/fruit of the forest v Black Forest gateau/flavour), the conceptual and perceptual differences avoid a likelihood of confusion or deception among a substantial number of ordinary consumers, the higher threshold for s17(1)(b) was not met, and therefore registration of BERRY FOREST could not be refused under ss17(1)(a),(b) or ss25(1)(b),(c).