18 Apr 2012
LE CORDON BLEU V COMMISSIONER OF TRADE MARKS HC WN CIV-2011-485-002678
- Citation
- openlaw-08784d12_f68d_403b_a2f2_4fd2a0ded4af.pdf
- Court
- High Court
The Court held that 'Le Cordon Bleu' is inherently distinctive for Class 29 goods because 'Le' adds a distinctive element, it functions as a proper noun used exclusively by the appellant for over 100 years, foreign registrations and family of marks support distinctiveness, and there was no persuasive evidence that competitors in ordinary trade would legitimately use the same sign; alternatively the mark had acquired distinctiveness by 'other circumstances' (international reputation, related use in New Zealand and close relation to applicant's existing goods), therefore the Assistant Commissio…