Dr August Wolff GmbH & Co KG Arzneimittel v Combe International Ltd - [2021] 3 NZLR 236

Intellectual property — Trade marks — Registration of trade mark VAGISAN — Opposition — Similar trade mark already registered in New Zealand — VAGISIL — Whether registration of VAGISAN mark would not be reasonably likely to cause deception and confusion amongst a substantial number of persons — Likelihood of deception or confusion in light of reputation of existing trade mark VAGISIL — Reputation of VAGISIL at relevant date — Comparison of trade marks — Whether trade marks were similar and use of VAGISAN was likely to deceive or cause confusion — Fair and notional use of both marks — Trade Marks Act 1953 s 16(1).

Intellectual property — Trade marks — Appeal — Standard of review — Whether Assistant Commissioner’s decision to be given special deference — Weight to be given to Commissioner’s decision matter for court — Court can take into account Commissioner’s technical appreciation.