18 Dec 2019
WAIWERA WATER NEW ZEALAND LTD v DAVID MURRAY MELROSE [2019] NZHC 3399
- Citation
- [2019] NZHC 3399
- Court
- High Court
The court found on the balance of probabilities that Melrose retained ownership of the CAD drawings, Trade Mark Drawing and Waiwera Artesian Logo under the 2005 memorandum of understanding and had validly terminated permission to use those works; the Waiwera Group and named counterclaim defendants continued to copy, distribute and authorise manufacture of infringing bottles and copies and thereby infringed Melrose's copyright and breached s9 of the Fair Trading Act; accordingly declarations, injunctions, delivery up orders and transfer of specified trade mark registrations were warranted, whi…