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

 


InterCity Group Limited Wins Landmark Google AdWords Case

InterCity Group Limited Wins Landmark Google AdWords Case Against Nakedbus

Auckland, New Zealand: 17 February 2014: The High Court in Auckland has ruled that Nakedbus deliberately infringed InterCity Group Limited’s trade mark ‘INTERCITY’, engaged in misleading and deceptive conduct that confused consumers, and illegitimately attempted to pass its business off as InterCity’s.

Nakedbus ran advertisements on Google which would respond to searches for InterCity Group’s trade mark, INTERCITY, and which promoted Nakedbus buses as “inter city” in both the advertisements and on the corresponding website. The Court has confirmed that this was part of a misleading strategy to “hook” InterCity customers into travelling to the Nakedbus website, using InterCity’s trade mark to confuse them into thinking that Nakedbus was some sort of affiliate.

“We feel vindicated by the ruling and are happy with the outcome,” said Nick Hurdle, Acting Chief Executive of InterCity Group Ltd.

“InterCity welcomes competition – it’s healthy and good for our customers – however we believe in a fair fight. This was a cynical, calculated and deliberate attempt by a competitor to leverage our trade mark and mislead customers. Indeed it was described by the judge as an attempt to exploit the wide recognition of our trade mark “InterCity”.”

Nakedbus argued that the words “inter” and “city” were just descriptors for domestic bus services. This argument was emphatically rejected by the Court. It recognised that ‘InterCity’ is a distinctive and well known New Zealand brand which is entitled to the usual statutory protections.

As part of the ruling, Justice Raynor Asher raised serious concerns over the reliability of evidence provided by Hamish Nuttall, CEO of Nakedbus, and rejected his claim that this was just honest use of a descriptive word. The Court was especially concerned at Mr Nuttall’s inflated and inaccurate claims about the potential losses Nakedbus would incur if an earlier application for an interim injunction had been granted. Justice Asher stated, “Such a gross error made in an affidavit on such an important issue indicated at the very least a careless attitude to factual assertions.”

Hurdle said, “We are proud of InterCity’s brand and reputation, which we have worked long and hard to build, and will do whatever is required to protect it. We are pleased that consumers are no longer at risk of booking alternative services by mistake, thinking they are with InterCity”.

Ends


© Scoop Media

 
 
 
 
 
Business Headlines | Sci-Tech Headlines

 

PGPs: New Programme Sets Sights On Strong Wool

A new collaboration between The New Zealand Merino Company (NZM) and the Ministry for Primary Industries (MPI), announced today, aims to deliver premiums for New Zealand's strong wool sector... More>>

ALSO:

Restrictions Lifted: No Further Tau Flies Found

The Ministry for Primary Industries (MPI) confirms that all restrictions on the movement of fruit and vegetables in Manurewa, Auckland, due to the Tau fly, have been lifted as of 2.26pm on Sunday 7 February. More>>

Crowdfinding: Awaroa Beach To Become Public Land If Appeal Succeeds

Conservation Minister Maggie Barry says a privately-owned beach will become part of the Abel Tasman National Park if an online crowdfunding campaign to buy it succeeds... More>>

ALSO:

Meat Workers Union: Waitangi Mondayisation Flaunted By Large Employer Of Maori

At the AFFCO Talley owned meat plant in Rangiuru, the company has resorted to bullying and threats... saying they could be disciplined and their union sued for an unlawful strike if workers exercise their rights to a paid day off tomorrow. More>>

Earlier:

ETS Review: Modelling Documents Released

Three technical documents are being released to help New Zealanders engage with the Emissions Trading Scheme (ETS) review, Climate Change Minister Paula Bennett says. More>>

ALSO:

Northland: Govt Plan Targets Transport, Web, Maori Assets

The government has released a 10-year plan to attract investors and lift economic growth in Northland, a region that perennially underperforms the rest of the country even while being endowed with natural beauty, productive land, minerals, a potential workforce, scope for manufacturing, forestry and aquaculture, and proximity to Auckland. More>>

ALSO:

Statistics: Unemployment Rate Falls To 5.3 Percent

The unemployment rate fell to 5.3 percent in the December 2015 quarter (from 6.0 percent), Statistics New Zealand said today. This is the lowest unemployment rate since March 2009. There were 16,000 fewer people unemployed than in the September ... More>>

ALSO:

Get More From Scoop

 
 
 
 
 
 
 
 
 
Business
Search Scoop  
 
 
Powered by Vodafone
NZ independent news