28 Jun 2013
MUZZ BUZZ FRANCHISING PTY LIMITED v JB HOLDINGS (2010) LIMITED [2013] NZHC 1599
- Citation
- [2013] NZHC 1599
- Court
- High Court
Judge found defendants deliberately copied plaintiff's website and adopted core design and textual elements of plaintiff's kiosk get-up such that there was objective similarity and a causal connection sufficient for copyright infringement; the signs 'Jitta Buzz' and 'Jitta Buzz drive-thru coffee' were similar to plaintiff's registered trade marks and likely to deceive or confuse; plaintiff's goodwill extended from Australia into New Zealand such that passing-off was established; defendants' conduct in trade was likely to mislead or deceive in breach of s9 Fair Trading Act 1986; accordingly pe…