Intellectual Property Development Corporation Pty Ltd v Primary Distributors New Zealand Ltd - [2010] 2 NZLR 729

Trade marks and trade names — Infringement — Account of profits — Whether mere delay leads to account of profits being denied — Whether duty on trade mark owner to protest or take action — Whether party not in position to exploit trade mark could claim account of profits.

Equity — Laches — Further claim for delay — Whether applies to claim for account of profits.

Practice and procedure — Concession — Concession by counsel on point of law — Whether binding on party — Whether could be withdrawn.