Unilever plc v Cussons (New Zealand) Pty Ltd - [1997] 1 NZLR 433

Trade marks and trade names — Infringement — Circumstances when trade mark entry may be removed from register by Commissioner — Validity of registration of identical trade marks for same goods in separate registrations — When Commissioner may refuse to register trade mark — Trade Marks Act 1953, ss 26, 27, 32 and 35(1).

Injunction — Interim injunction — Trade mark — Validity of prior registration of identical trade marks for same goods under separate registrations — Serious question to be tried — Whether damages an adequate remedy.

Equity — Equitable conduct — Registration of trade mark for same goods in separate registrations — First registration not used for many years — Whether non-use relevant — Second registration effected within five years of application to remove both registrations — Applicant for second registration knowing that another party about to seek registration of same mark — Applicant intending to block other party without any intention itself to use trade mark in New Zealand — Whether applicant acting with "clean hands".