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Taylor Bros Ltd v Taylors Group Ltd - [1988] 2 NZLR 1

$30.00

High Court Wellington
10, 11, 12, 13, 14, 17, 18, 19, 20 August; 1 October 1987
McGechan
Court of Appeal Wellington
22, 23 February; 4 March 1988
Cooke P, McMullin, Somers, Casey and Bisson JJ
Tort — Passing off — Company name — Trade practices — Fair Trading Act — Misleading or deceptive conduct — Drycleaning company with an established reputation in Wellington region operated under the name "Taylors" - A linen hire company, with an established reputation under the name "Taylors" in other parts of New Zealand but none in Wellington, began trading in Wellington — Whether parties were operating in a common field of activity — Whether there was confusion between the two businesses so as to impair distinctiveness of drycleaning company — Whether drycleaning company could enforce s 9 of the Fair Trading Act — Whether, under the Act, drycleaning company need only show that linen hire company's conduct had been deceptive or misleading — Whether linen hire company should be restrained from operating in Wellington under the name Taylors — Fair Trading Act 1986, ss 9 and 41.

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