NV Sumatra Tobacco Trading Company v New Zealand Milk Brands Limited - SC 79/2011
Summary
Civil – Intellectual Property – Trademark registration – Trade Marks Act 2002 – Whether Court of Appeal erred in not allowing registration of appellant’s mark in relation to tea, cocoa, chocolate, artificial coffee, flavourings for beverages and non-dairy creamer – Whether Court of Appeal misdirected itself on “similar goods” in the context of s 25(1)(b) and (c) of the Trade Marks Act 2002 – Relevance of test in British Sugar Plc v James Robertson & Sons Ltd [1996] RPC 281 (Ch) under the Trade Marks Act 2002. [2011] NZCA 264 CA 25/2009
Additional Information
The application for leave to appeal is dismissed.
The applicant is to pay the respondent costs in the sum of $2,500.
22 September 2011