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International Consolidated Business Pty Limited v S C Johnson & Son Inc - SC 32/2019

Media releases

Summary

Civil Appeal – Whether the Court of Appeal erred in allowing the respondent’s application to trademark of the word ZIPLOC to proceed to registration – Whether the Court of Appeal correctly interpreted s 68(2) of the Trade Marks Act 2002.

Result

A The application for leave to appeal (International Consolidated Business Pty Ltd v S C Johnson & Son Inc [2019] NZCA 61) is granted to the extent set out in B. It is otherwise dismissed.
B The approved ground of appeal is whether the Court of Appeal correctly interpreted s 68(2) of the Trade Marks Act 2002.
9 July 2019
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A The appeal is dismissed.
B The appellant must pay the respondent costs of $10,000 plus usual disbursements.
15 October 2020

Hearing Transcripts

Related Documents

High Court decision — S C JOHNSON & SON v INTERNATIONAL CONSOLIDATED BUSINESS [2017] NZHC 3238 [19 December 2017]

Court of Appeal decision — INTERNATIONAL CONSOLIDATED BUSINESS PTY LTD v S C JOHNSON & SON INC [2019] NZCA 61 [19 March 2019]

Leave judgment - leave granted — INTERNATIONAL CONSOLIDATED BUSINESS PROPRIETARY LIMITED v S C JOHNSON & SON INCORPORATED [2019] NZSC 71 [9 July 2019] (PDF 39 KB)

Substantive judgment — INTERNATIONAL CONSOLIDATED BUSINESS PROPRIETARY LIMITED v SC JOHNSON & SON INCORPORATED [2020] NZSC 110 [15 October 2020] (PDF 351 KB)

Additional Information

Hearing date

20 February 2020

Winkelmann CJ, Glazebrook, O’Regan, Ellen France and Williams JJ