Tot Toys Ltd v Mitchell - [1993] 1 NZLR 325

Trade marks and trade names — Passing off — Marketing of toy "Kiwi Bee" - Similarity to "Buzzy Bee" - Elements of passing off — Trade mark protection of "Buzzy Bee" - Difference between similarity in function or in capricious get-up — Whether source motivation essential ingredient in passing off action — Whether plaintiff had established source motivation — Whether deception as to source motivation — Whether artificial character merchandising an element of passing off.

Trade marks and trade names — Passing off — Registered trade mark — Assignability of mark — Trade Marks Act 1953, s 31.

Tort — Passing off — Marketing of toy "Kiwi Bee" - Similarity to "Buzzy Bee" - Difference between similarity in function or in capricious get-up — Whether source motivation essential ingredient in passing off action — Whether deception as to source motivation — Whether artificial character merchandising an element of passing off.

Tort — Passing off — Fair Trading Act — Cause of action under Fair Trading Act — Comparison between Fair Trading Act cause of action and passing off cause of action — Whether defendant guilty of deceptive conduct in terms of Fair Trading Act — Fair Trading Act 1986, s 9.