North Shore Toy Company Limited v Charles L Stevenson Limited - [1973] 1 NZLR 562

Trade marks and trade names — Rectification of register — Grounds for rectification — Manufacturer owner of common law trade mark by usage — Distributor registered manufacturer's trade mark — Common law trade mark assignable only with goodwill of business in which it is used — No concurrent user of trade mark — Trade mark not registrable by distributor — Trade Marks Act 1953, ss 2, 16, 41.