Anheuser-Busch Inc v Budweiser Budvar National Corporation - [2003] 1 NZLR 472

Trade marks and trade names — Rectification of register — Whether use of trade mark likely to deceive or cause confusion — Trade Marks Act 1953, ss 16(1), 17(1), 17(2) and 41.

Trade marks and trade names — Infringement — Czech brewer stating German geographical name as own name — Whether likely to cause confusion or deception as to same trade mark of US brewer — Whether own name defence available to company — Whether bona fide use of own name — Trade Marks Act 1953, ss 8, 12 and 13.

Commercial law — Fair Trading Act 1986 — Misleading and deceptive conduct — Czech brewer using own trade mark and German geographical name as own name — Geographical name same as US brewer's trade mark — Whether misleading and deceptive conduct — Fair Trading Act 1986, ss 9, 10, 13 and 16.

Tort — Passing off — Czech brewer using own trade mark and German geographical name as own name — Geographical name same as US brewer's trade mark — Whether passing off.