Tasman Insulation New Zealand Ltd v Knauf Insulation
Ltd [2014] NZHC 960
KEY ISSUES
When has a trade mark becoming generic?
Was a website metatag used as a trade mark?
FACTS
T was the owner of BATTS for insulating materials in class 17
since 1973. (T also owns PINK BATTS.)
K imported insulation materials under the EARTHWOOL name which
contained references to "batts" on the packaging and
label. The word was also included as a metatag in a website
operated by another defendant.
T commenced action against K and others claiming infringement of
its mark. K sought revocation of T's mark on the grounds that
it had become generic (s 66(1)(c)) or that T had ceased to use the
mark (s 66(1)(a)). K also asserted by way of defence under s 95(c)
of the Act that it used "batts" in an honest practice to
indicate the kind, purpose or characteristics of goods, and
therefore no infringement occurred.
