Jane Glover Barrister – Mediator – Adjudicator
Tag

onus of proof

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SECTION 25(1)(B) APPLECART STANDS FIRM

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I was taken aback to read a submission advanced by Pharmazen in Pharmazen Ltd v Anagenix IP Ltd [2020] NZCA 3016, namely that actual market use and conditions should be relevant to the assessment of confusion and deception under s 25(1)(b) of the Trade Marks Act 2002 as well as to the assessment of confusion and deception under s 17(1)(a) . Such a bold submission! And what would the consequences...

Jane Glover Barrister – Mediator – Adjudicator

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