Tui Foods Ltd v New Zealand Milk Corporation Ltd - [1997] 2 NZLR 214

Injunction — Interim injunction — Application for injunction to prevent passing off and misleading or deceptiveconduct — Whether milk packaging or get-up likely to mislead or deceive customers — Whether arguable case — Serious question to be tried — Strong prima facie case — Whether interlocutory injunction likely to be decisive of the whole proceeding.

Commercial law — Fair Trading Act — Whether misleading or deceptive conduct — Whether milk packaging or get-up likely to mislead or deceive customer — Whether colour may be subject of protection — Whether generic identification or individual product identification — Whether packaging or get-up of product "falsely represents" product within meaning of s 13 of Fair Trading Act 1986 or "falsely applies" or "falsely uses" product within meaning of s 16 of Fair Trading Act 1986 — Whether sufficient differences to give rise to distinction from other products — Fair Trading Act 1986, ss 9, 10, 13(a), 13(b), 13(f) and 13(i) and 16(1)(b) and 16(1)(c).

Trade marks and trade names — Passing off — Interim injunction — Whether milk packaging or get-up likely to cause confusion — Whether colour may be subject of protection — Whether generic identification or individual product identification — Whether colour of cap may give rise to confusion — Whether sufficient differences to give rise to distinction from other products.