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

 

Planes: Jetstar Launches Regional Network

Jetstar, the Qantas Airways budget offshoot, launched its new regional network in New Zealand with special $9 one-way fares and has narrowed down its choices to five routes and four destinations - Nelson, Napier, New Plymouth, and Palmerston North. More>>

ALSO:

Fisheries: Report On Underrsize Snapper Catch

The report found that commercial fishers caught 144 tonnes of undersized snapper in the Snapper 1 area – about 3% of the total commercial catch – in the year ending February 2015. The area stretches from the top of the North Island to the Bay of Plenty and is one of New Zealand’s most important fisheries. More>>

ALSO:

Tourism: China Southern Airlines To Fly To Christchurch

China Southern Airlines, in partnership with Christchurch Airport and the South Island tourism industry, has announced today it will begin flying directly between Guangzhou, Mainland China and the South Island. More>>

ALSO:

Dodgy: Truck Shops Come Under Scrutiny

Mobile traders, or truck shops, target poorer communities, particularly in Auckland, with non-compliant contracts, steep prices and often lower-quality goods than can be bought at ordinary shops, a Commerce Commission investigation has found. More>>

ALSO:

Auckland Transport: Government, Council Agree On Funding Approach

The government and Auckland Council have reached a detente over transport funding, establishing a one-year, collaborative timetable for decisions on funding for the city's transport infrastructure growth in the next 30 years after the government refused to fund the $2 billion of short and medium-term plans outlined in Auckland's draft Unitary Plan. More>>

ALSO:

Get More From Scoop

 
 
 
 
 
 
 
 
 
Business
Search Scoop  
 
 
Powered by Vodafone
NZ independent news