Intercity Group (NZ) Ltd v Nakedbus NZ Ltd - [2014] 3 NZLR 177

Commercial law — Fair Trading Act 1986 — Whether advertisements deceptive and misleading — Fair Trading Act 1986, s 9.

Trade marks and trade names — Infringement — Whether words likely to be taken as “use as a trade mark” — Whether words used “in course of trade” — Whether words used identical to trade mark — Whether words similar to trade mark — Whether words likely to deceive or confuse — Whether trade mark infringed — Trade Marks Act 2002, s 89.

Trade marks and trade names — Passing off — Whether other services passed off as plaintiff’s — Whether customer confusion occurred — Whether advertisements were deceptive.

Tort — Passing off — Whether other services passed off as plaintiff’s — Whether customer confusion occurred — Whether advertisements were deceptive.