The New Zealand Court of Appeal has handed down its second appeal decision in the long-running dispute between Sealegs International Limited and Anura Limited (formerly Orion Marine Limited) and
Barilla G. e R. Fratelli- Societa per Azioni (”Barilla Group”), owner of the famous BARILLA brand, unsuccessfully opposed an application to register the words “Barilla Dumpling” as a trade mark in respect of “Asian-style restaurant services” in New Zealand. This case demonstrates the necessity of accurate pleadings in trade mark opposition and revocation proceedings in New Zealand.
How claim types and form will influence enforcement strategies
The High Court of New Zealand is only rarely called on to determine applications for interlocutory injunctions in proceedings alleging patent infringement. The decision in this case was that, despite taking more than a