Mitre 10 (New Zealand) Ltd v Benchmark Building Supplies Ltd - [2003] 3 NZLR 186

Trade marks and trade names — Infringement — Stickers put on pamphlets for purpose of comparative advertising — Whether use of trade marks in pamphlets — Whether promotional pamphlets were use of trade mark as to printed matter — Whether use of trade mark was in connection with trade with proprietor — Trade Marks Act 1953, ss 2(1), 2(2) and 8.

Copyright — Infringement — Stickers put on pamphlets for purpose of comparative advertising — Whether adaptation of literary work — Whether copying — Copyright Act 1994, ss 2(1) and 34(1).

Commercial law — Fair Trading Act 1986 — Forgery of trade mark — Stickers put on pamphlets for purpose of comparative advertising — Whether forgery of trade mark — Fair Trading Act 1986, s 16.

Injunction — Interim injunction — Stickers put on pamphlets for purpose of comparative advertising — Misleading and deceptive conduct — Serious issue for trial whether infringement of trade mark and breach of copyright — Whether balance of convenience and interests of justice favoured injunction.