30 Apr 2019
TARGET AUSTRALIA PTY LIMITED v TARGET NEW ZEALAND LIMITED [2019] NZHC 923
- Citation
- [2019] NZHC 923
- Court
- High Court
The Court held Target New Zealand was an aggrieved person with standing because Target Australia’s letter created a real interest and a reasonable possibility of practical disadvantage; Target Australia failed to discharge the onus of proving genuine use of the class 25 marks in New Zealand during the relevant three year period because negotiations with TradeMe were preparatory, lacked objective manifestation of use of the class 25 marks to third parties during the period, and Australian website/newsletter activity did not constitute use in New Zealand, so revocation stands.