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Klissers Farmhouse Bakeries Ltd v Harvest Bakeries Ltd - [1988] 1 NZLR 16

$30.00

Court of Appeal Wellington
11, 12, 13, 16, 17 March 1987; 4 March 1988
Cooke P, McMullin, Somers, Casey and Bisson JJ
Tort — Passing off — Misrepresentation — Distinctiveness of get-up — Bakery had marketed range of breads in polythene bags with checks of different colour or size or both distinguishing the packaging of the different breads in the range and with the bags tied at one end to produce ponytail effect — Rival bakery commenced packaging its bread in polythene bags also featuring checks and tied with ponytail effect — Whether defendant was passing off its bread as that of the plaintiff in the New Zealand market or any identifiable part of it.

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