Region: New Zealand

Red Bull gets its interim injunction

The New Zealand Court of Appeal has issued a decision after Red Bull appealed the High Court's decision against an interim injunction to prevent Drink Red from selling a ready-mixed drink containing vodka and an energy drink, and an energy drink without alcohol.

19 October 2016

Geographical indications: ready or not here they come

The New Zealand Ministry of Business Innovation and Employment has carried out a consultation on the draft Geographic Indications (Wines and Spirits) Registration Regulations 2016.

06 September 2016

How New Zealand’s FernMark licence is helping Kiwi businesses to build brands and fight counterfeiters

In the latest issue of <i>World Trademark Review</i>, we explore how the FernMark collective mark licensing programme is helping New Zealand businesses (like start-up tea producer Zealong) to expand and protect their brands overseas. Selling tea to China – which alone produces one-third of the world’s supply – may sound like a Sisyphean task, but it is one that New Zealand start-up Zealong has taken up with aplomb.

08 July 2016

Lacoste snaps up victory in Court of Appeal

In <i>Crocodile International Pte Ltd v Lacoste</i>, Lacoste faced an issue that many owners of registered logos may encounter – the stylisation of its logo had evolved from the one protected by its New Zealand Registration. The question to be decided was whether the marks used by Lacoste qualified as use of that registration.

15 June 2016

High standard for Red Bull to meet in interim injunction case

Red Bull has failed to obtain an interim injunction preventing Drink Red from selling a ready-mixed drink containing vodka and an energy drink and an energy drink without alcohol, despite evidence suggesting that confusion was likely and that Drink Red had a serious case to answer.

09 May 2016

Trademark solicitation company agrees to refund duped business owners; over $200,000 discovered in bank account

Following a recent investigation into trademark solicitation scams by <i>World Trademark Review</i>, the Commerce Commission in New Zealand has confirmed that it has reached an interim agreement with a trademark solicitation company to refund businesses that inadvertently paid an invoice for the publication of filed trademarks.

06 May 2016

McDonald’s pricing backlash highlights brand control challenge in franchise arrangements

Allegations that McDonald’s restaurants have been charging customers in some of New Zealand’s poorest areas more than those in wealthier districts have highlighted the challenge facing franchisors when trying to control brand messaging.

05 April 2016

MANUKA DOCTOR and MANUKA PHARM trademarks – health claim, therapeutic claim or marketing puffery?

A recent case provides an interesting look at the foods standards regulations and how they apply to trademarks in the context of claiming health benefits of certain foods.

14 March 2016

As New Zealand looks to join plain packaging ranks, World Health Organisation steps up global awareness efforts

The New Zealand government is reportedly “pressing ahead” with plain packaging on tobacco products. The move will see the country join Australia, France, Ireland and the United Kingdom in introducing legislation that would remove trademarks from tobacco packaging. As momentum for plain packaging continues to grow, the World Health Organisation has revealed a new plain packaging PR push to coincide with World No Tobacco Day on May 31.

23 February 2016

‘Wrong way round’ confusion evidence not relevant

A recent High Court decision serves as a warning that not just any evidence of confusion will do; evidence of confusion and deception must be carefully analysed as to the cause of it.

29 January 2016

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