1 Mar 2013
INTERCITY GROUP (NZ) LIMITED V NAKEDBUS NZ LIMITED HC AK CIV-2012-404-7532
- Citation
- openlaw-1f94a8ae_5319_4933_9c5d_7b76ea0dcff2.pdf
- Court
- High Court
On the evidence the Court was not satisfied there was a tenable case that an undertaking in the terms alleged was given and, on the interlocutory record, use by Nakedbus of the phrase 'inter city' and related keyword advertising was likely to be understood in its primary descriptive sense and did not likely confuse consumers as to the origin of services; accordingly InterCity did not establish a serious question to be tried on trademark infringement, passing off or Fair Trading Act claims and interlocutory relief was declined.