29 Sept 2017
MONSTER ENERGY COMPANY v OX GROUP GLOBAL PTY LIMITED [2017] NZHC 2393
- Citation
- [2017] NZHC 2393
- Court
- High Court
The Court upheld the Assistant Commissioner's approach: assessing marks as a whole, the stylised prominent OX element produces a dominant and visually/aurally distinct impression from UNLEASH THE BEAST!, the conceptual overlap is abstract and insufficient to cause confusion among a substantial number of consumers for identical goods, and evidence did not displace the presumption that Ox intended to use the OX mark at the filing date; accordingly the appeal is dismissed and registration stands.