PHONE NUMBER

+64 21 389 121

EMAIL ADDRESS​

clive@cliveelliott.com

BATTS neither Generic nor Infringed!

Have just received the Court of Appeal judgment in the long-running Batts case: http://www.nzlii.org/nz/cases/NZCA/2015/602.html

The Court upheld the High Court that the term “batts” had not become a common name in general public use. However, it confirmed that Knauf’s use of the word “batts” on its product packaging was not an infringement and reversed the earlier High Court finding that use of “batts” on Knauf’s website infringed Tasman’s trade mark registration for BATTS. See http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=11562097

 

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Clive Elliott-Barrister

I live and work in Auckland, New Zealand. I am a frequent writer and commentator on intellectual property and information technology issues. I am a barrister and arbitrator. Before going to the Bar in 2000, I was a partner and headed the litigation team at Baldwin Shelston Waters/Baldwins. I took silk in 2013. Feel free to contact me via phone, email or social media.