Video | Agriculture | Confidence | Economy | Energy | Employment | Finance | Media | Property | RBNZ | Science | SOEs | Tax | Technology | Telecoms | Tourism | Transport | Search

 


New Comparative Advertising Law Tested

NEWS RELEASE

12 December 2003

NEW COMPARATIVE ADVERTISING LAW TESTED

In a recent decision of the Court of Appeal, consideration was given to the new Trade Marks Act 2002, which for the first time makes it legal to engage in comparative advertising.

Section 94 of the Act states it is permissible to use some-one else’s registered trade mark without infringing it in the course of comparative advertising, so long as it is in accordance with honest practices in industrial or commercial matters. Or so long as that use, without due cause, does not take advantage of, or is detrimental to, the distinctive character or the repute of the trade mark.

In this case (Benchmark Building Supplies Ltd v Mitre 10 (New Zealand) Ltd & Anor), Benchmark displayed Mitre 10’s brochures outside its shop. It placed orange stickers on the brochures stating prices that were lower than those of Mitre 10.

The Court held that when Benchmark displayed the brochures it did so with the intention that the trade marks of Mitre 10 should perform precisely the same function as they performed upon Mitre 10’s original distribution of the brochures. It could not, therefore, be said that the distinctiveness of Mitre 10’s marks was in any way damaged. Additionally there was no copyright infringement, as putting a sticker on the brochures did not recreate or adapt the original copyright work.

The Court also found it difficult to characterise the open and obvious comparisons employed by Benchmark as being in anyway dishonest. This was a successful appeal against an initial interim injunction.

Damian Broadley, Partner at A J Park, says this is a useful judgment in what is a very new piece of legislation.

“The ability to engage in comparative advertising is new, so it is good to see from factual cases in front of the Courts how the legislation will be interpreted,” he says. “This case helps to clarify for businesses what is acceptable when using others trade marks in comparative advertising”.

ENDS


© Scoop Media

 
 
 
 
 
Business Headlines | Sci-Tech Headlines

 

I Sing The Highway Electric: Charge Net NZ To Connect New Zealand

BMW is turning Middle Earth electric after today announcing a substantial contribution to the charging network Charge Net NZ. This landmark partnership will enable Kiwis to drive their electric vehicles (EVs) right across New Zealand through the installation of a fast charging highway stretching from Kaitaia to Invercargill. More>>

ALSO:

Watch This Space: Mahia Rocket Lab Launch Site Officially Opened

Economic Development Minster Steven Joyce today opened New Zealand’s first orbital launch site, Rocket Lab Launch Complex 1, on the Mahia Peninsula on the North Island’s east coast. More>>

Earlier:

Marketing Rocks!
Ig Nobel Award Winners Assess The Personality Of Rocks

A Massey University marketing lecturer has received the 2016 Ig Nobel Prize for economics for a research project that asked university students to describe the “brand personalities” of three rocks. More>>

ALSO:

Nurofen Promotion: Reckitt Benckiser To Plead Guilty To Misleading Ads

Reckitt Benckiser (New Zealand) intends to plead guilty to charges of misleading consumers over the way it promoted a range of Nurofen products, the Commerce Commission says. More>>

ALSO:

Half A Billion Accounts, Including Xtra: Yahoo Confirms Huge Data Breach

The account information may have included names, email addresses, telephone numbers, dates of birth, hashed passwords (the vast majority with bcrypt) and, in some cases, encrypted or unencrypted security questions and answers. More>>

ALSO:

Rural Branches: Westpac To Close 19 Branches, ANZ Looks At 7

Westpac confirms it will close nineteen branches across the country; ANZ closes its Ngaruawahia branch and is consulting on plans to close six more branches; The bank workers union says many of its members are nervous about their futures and asking ... More>>

Interest Rates: RBNZ's Wheeler Keeps OCR At 2%

Reserve Bank governor Graeme Wheeler kept the official cash rate at 2 percent and said more easing will be needed to get inflation back within the target band. More>>

ALSO:

Get More From Scoop

 
 
 
 
 
 
 
 
 
Business
Search Scoop  
 
 
Powered by Vodafone
NZ independent news