Tasman Insulation New Zealand Ltd v Knauf Insulation Ltd - [2016] 3 NZLR 145

Intellectual property — Trade marks — Revocation of trade mark — Insulation products — Use of term “batt” or “batts” on competitor’s packaging and marketing material — Infringement — Whether “batts” common name in general public use for insulation — Acts or inactivity by trademark owner — Causation — Presumption against retrospectivity — Whether acts or inactivity prior to s 66(1)(c) of Trade Marks Act coming into force able to be taken into account — Whether use of trade mark by competitor descriptive rather than trade mark use — Use of term in HTML code — Interpretation Act 1999, ss 4(1)(b) and 7.

Fair Trading Act — Misleading and Deceptive Conduct in trade — Product marked as “Earthwool” likely to mislead and deceive consumers into believing product based on wool or otherwise natural — Fair Trading Act 1986, ss 9, 10 and 13.