15 Oct 2008
HANSENS BEVERAGE COMPANY V BICKFORD'S AUSTRALIA PTY LTD HC WN CIV-2008-485-1264
- Citation
- openlaw-e06047ea_2b07_46d7_8e6d_e3a9bd45dc92.pdf
- Court
- High Court
Leave was granted because the proposed evidence was demonstrably new, sufficiently specific, relevant to prior use and awareness of the MONSTER ENERGY mark in New Zealand, and likely to be reliable if the witnesses are called; the public interest in resolving the dispute in a single hearing and avoiding consumer confusion outweighed the prejudice to the respondent, and viva voce evidence and subpoenas were permitted subject to standard evidentiary rulings at the substantive hearing.