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+64 21 389 121

EMAIL ADDRESS​

clive@cliveelliott.com

The Batts Trade Mark Case

The Court of Appeal has upheld the High Court’s finding that the term “batts” had not become a common name in general public use. See http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=11562097

However, it confirmed that the defendant, Knauf’s use of the word “batts” on its product packaging was not an infringement and reversed the earlier finding that use of “batts” on Knauf’s website infringed Tasman’s trade mark registration for BATTS. http://www.nzlii.org/nz/cases/NZCA/2015/602.html 

 

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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.