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

 

Bad Day For Rope: Donaghys Job Losses Another Blow To Dunedin

The loss of 30 jobs from Donaghys rope and twine factory is yet another blow to the people and economy of Dunedin, says Dunedin South Labour MP Clare Curran. More>>

ALSO:

Oil: 2014 New Zealand Petroleum Summit

Simon Bridges: Our abundance of energy and minerals resources provides us with unique opportunities to build the New Zealand economy.

Over the past three years the Government has made significant changes to how the sector is regulated. More>>

ALSO:

WWF Report: Solutions In Reach; World Biodiversity Suffers Major Decline

Global wildlife populations have declined by more than half in just 40 years as measured in WWF's Living Planet Report 2014. Wildlife's continued decline highlights the need for sustainable solutions to heal the planet... More>>

ALSO:

Scoop Business: NZ Dollar Catches Breath After "Goldilocks" Slump

The New Zealand dollar edged up following its dramatic slump yesterday after the Reserve Bank confirmed speculation it intervened in the currency market last month and PM John Key suggested a “Goldilocks” level far lower than at present. More>>

ALSO:

Biosecurity: Kiwifruit Claim To Hold Officials Accountable For Psa

Kiwifruit growers have joined forces to hold Biosecurity NZ accountable in the courts for its negligence in allowing 2010’s Psa outbreak that devastated New Zealand’s kiwifruit industry and exports. Foundation claimants representing well ... More>>

ALSO:

Poison: Anglers Advised Not To Eat Trout In 1080 Areas

With the fishing season opening in just a few days (1 October 2014), anglers are being warned by the Department of Conservation(DOC) not to eat trout from pristine backcountry waters and their downstream catchments, where the department is conducting 1080 poisoning operations. More>>.

ALSO:

Get More From Scoop

 
 
Computer Power Plus

Standards New Zealand

Standards New Zealand

Mosh Social Media
 
 
 
 
 
 
 
 
Business
Search Scoop  
 
 
Powered by Vodafone
NZ independent news