Court of Appeal Wellington
27 September; 21 December 1989
Cooke P, Richardson, and Casey JJ
27 September; 21 December 1989
Cooke P, Richardson, and Casey JJ
Tort — Passing off — Company name — Trade practices — Fair Trading Act 1986 — Misleading or deceptive conduct — Breach of injunction — Remedies — Group changed name of one of its subsidiaries to "Laytons Linen Hire Ltd" and for many months continued to use name "Taylors" on towels and linen supplied to customers — Whether actions of subsidiary were a breach of injunction — Whether distinction should be made between past and future actions of subsidiary — Whether writ of sequestration should issue — Whether fine for contempt of Court should be imposed — Whether any part of fine could be paid to plaintiff — Whether High Court had jurisdiction to alter terms of injunction. — Established company operating drycleaning business in Wellington under the name "Taylors" obtained injunction against group of companies engaged in linen hire forbidding them to operate "under and by reference to" that name (see [1988] 2 NZLR 1)
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