New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Specification of goods
  • 19 Dec 2012

    SKY NETWORK TELEVISION LIMITED v SKYFIBER INC HC WN CIV 2012-485-001387

    Citation
    openlaw-b87d8202_1280_4bed_8f8d_a626d2a134cf.pdf
    Court
    High Court

    The appeal was allowed because the Assistant Commissioner’s amended specification was unduly narrow and unclear; the evidence showed genuine use of the SKY mark in relation to a package of equipment forming a television/multimedia entertainment platform (satellite dish, set-top boxes, associated hardware and parts) and certain items must be qualified as components of that package rather than left as broad standalone goods; deletion was appropriate for CD-ROMs, visual display units and monitors; the matter was remitted to the proprietor to propose a fair qualified specification consistent with…