IP News to Peruse

Court of Appeal Clarifies Ownership and Eligibility of Foreign Copyright Owners

20th June 2017

In 2017 NZCA 217 ESR Group v Burden the Court of Appeal overturned the trial Judge’s findings in respect of ownership, holding that while Burden was a joint author of technical drawings he was not the owner of copyright in the drawings...

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Reputation can Accrue even though Use Contrary to Law

24th May 2017

In Auckland Agricultural Pastoral and Industrial Shows Board v Royal Agricultural Society of New Zealand an Assistant Commissioner held that an opponent can establish awareness of the marks it relies on under s 17(1)(a) of the Act even when use of those marks may have been a technical breach of other legislation...

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Court of Appeal Upholds Finding that Devices are Dissimilar on Balance

19th April 2017

Even re-orienting the alleged infringing mark deemed insufficient to lead to deception or confusion...

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Descriptiveness of Foreign Words Clarified

24th March 2017

Recent Assistant Commissioner’s decision A Menarini Industrie Farmeutiche Riunite SRL clarified the assessment of descriptiveness in relation to foreign words...

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NZ Supreme Court Favours Narrow Rights Resulting from Trade Mark Use

24th February 2017

Supreme Court rules that marks used by Lacoste cannot count as use of contested mark...

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