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TomTom Communications v. TomTom International - (18 Dec 2015)

Kiwis clear the road for TomTom registration

Intellectual Property Rights

The High Court of New Zealand at Auckland dismissed an appeal against registration of the mark ‘TomTom’, by the eponymous maker of satellite navigation equipment. Appellants, holders of the registered trade mark, ‘Tom Tom’ had claimed that use of both marks would cause confusion and later registration was in bad faith. The Court, however noted that evidence relied on by Appellants though showed confusion between the two marks, those who were confused or deceived were unaware of Appellant’s mark. Moreover, both marks were registered for very different services: while TomTom’s mark pertained to satellite, GPS, navigation and apparatus, Appellant’s mark was for marketing and public relations services.


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