Dominion Rent A Car Ltd v Budget Rent A Car Systems (1970) Ltd - [1987] 2 NZLR 395

Tort — Passing off — International goodwill — Concurrent rights — The name "Budget" was used by different businesses in Australia and New Zealand for rental vehicle business — Whether an international business may have a goodwill which extends into local markets — Whether such a goodwill may be protected — Whether competitors may have concurrent rights to the use of a trade name — Whether the New Zealand business had an exclusive right to use the name "Budget" in New Zealand.

Tort — Conspiracy and unlawful interference with trade — Copyright — Infringement — Acquiescence — "Budget" name and logo — Australian company acquiesced in New Zealand company using the "Budget" name and logo — Whether Australian company could later obtain an injunction to prevent the New Zealand company from using the "Budget" name and logo.

Estoppel — Res judicata — Australian company had encouraged Mutual, a New Zealand rental car company, to use the "Budget" name and logo in New Zealand — Later it licensed another New Zealand company, Dominion, to use the "Budget" name and logo — Mutual obtained an injunction preventing Dominion using the "Budget" name and logo — Whether Australian company was then estopped from bringing a passing-off action against Mutual.