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22 November 2019

Tempting Brands retains the PIERRE DE COUBERTIN trademark in New Zealand

The High Court of New Zealand has put an end to the dispute between the International Olympic Committee and Tempting Brands over the trademark PIERRE DE COUBERTIN.

27 September 2019

INTA’s Brands Manifesto, Liverpool trademark blow, fighting scammers: news digest 

In our latest news digest, we look at INTA’s release of a Brands Manifesto, the Paraguay IP Office conducting another counterfeit crackdown, fee changes in New Zealand, and much more.

17 July 2019

Crunch time for Kellogg’s Nutri-Grain cereal

Multinational food and drink giant Nestlé has successfully opposed the registration in New Zealand for the 3D shape of Kellogg’s Nutri-Grain cereal.

03 May 2019

“Just be respectful” – why brands must wise up to indigenous IP rights

WTR analyses how indigenous cultures are protecting their intellectual property and speaks with an expert on how trademark practitioners must be more aware of this burgeoning field of rights.

17 September 2018

<strong>A monster left licking its wounds: Monster Energy suffers three opposition losses </strong>

Energy drink giant Monster Energy has been involved in three trademark oppositions in New Zealand so far this year, and was unsuccessful in all three.

01 March 2018

An open data revolution

The Intellectual Property Office of New Zealand is a quiet pioneer when it comes to handling trademark data and now it wants the rest of the world to follow suit. In this article, it explains how it can be done.

21 March 2017

Supreme Court rules against Lacoste in battle over crocodile mark

In Crocodile International PTE Ltd v Lacoste, the Supreme Court has ruled that one of Lacoste’s trademarks must be removed from the trademark register because Lacoste has not used it. Interestingly, the court ruled that, if a trademark has not been used, there is no discretion not to revoke it.

01 December 2016

Battle of the masters

Two organisations with substantial reputations recently came head to head in a trademark battle in World Masters Games 2017 Limited v MasterCard International Incorporated. The decision indicated that all parties to proceedings needed to “tidy up their respective acts” as poor pleading and irrelevant evidence would be dealt with rigorously.

28 November 2016

Breakthrough in fight against trademark solicitations? Lessons from New Zealand’s $600,000 refund success

The constant flood of trademark solicitation scams has been a blight to the IP community for a number of years now. But a recent success in New Zealand has led to over NZ$600,000 in refunds being paid to affected parties. Expert commentators are hopeful that this positive outcome could be repeated in other jurisdictions and may serve as a deterrent to other trademark solicitation operators.

06 September 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.

15 June 2016

Lacoste snaps up victory in Court of Appeal

In Crocodile International Pte Ltd v Lacoste, 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.

09 May 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.

05 April 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.

29 October 2015

Unusual grounds pleaded in opposition proceedings involving crocodile logo

In Crocodile International Pte Ltd v Lacoste, the High Court has allowed Lacoste’s appeal and dismissed Crocodile International’s appeal in opposition proceedings involving an application by Lacoste for the registration of a crocodile logo. Crocodile International, which trades under the crocodile logo, had raised some rather unusual opposition grounds.

22 September 2015

Well known - yes, similar - no: Daimler finds no joy on appeal (again)

In Daimler v Sany, the Court of Appeal has confirmed a decision of the High Court finding that Sany’s logo mark, which consists of a three-pronged device with the word ‘Sany’, was not confusingly similar to Daimler’s earlier three-pointed star marks. Among other things, the Court of Appeal agreed with the High Court’s findings that the marks are not similar, stating that “when we look at the Sany mark, we do not think of the Daimler marks”.