Waiwai Limited v Grey & Menzies Limited - [1957] NZLR 70

Trade Name — Passing-off — Alleged Passing-off by Similar Get-up of Goods in Bottles without Labels — Each Party's Bottles identical in Basic Shape, but with Distinct Ornamentation — Name of Product, not Shape of Bottle, taking up Customers' Attention — Differently-coloured Crown Tops differentiating Batches of Bottles in Eye of Shopkeeper — Sufficient Dissimilarity to avoid Likelihood of confusing or deceiving Public.

Estoppel — Agreement between Makers of Like Products — Permission by Defendant to Plaintiff to use Its Design of Bottles with Agreed Differentiations in Get-up — Plaintiff Estopped from saying Such Differentiations Insufficient to distinguish Parties Products — Injunction to oust Defendant from using Bottle sufficiently Differentiated in Terms of Agreement, refused.