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Nakedbus to appeal InterCity trademark case

The long-running boxing match between rivals Nakedbus and InterCity will go another round.

Last month, Justice Raynor Asher ruled Nakedbus engaged in misleading and deceptive conduct that confused consumers using Google ad words.

The judge found Nakedbus would arrange ads so it could get more bookings from customers who thought they were booking with InterCity.

As well as a claim for profits, the judge ordered injunctive relief and requested InterCity submit more clearly what that should be.

Earlier this month, Justice Asher ruled on sanctions for Nakedbus.

InterCity had requested that Nakedbus be banned from using the search terms INTERCITY, INTER CITY, or INTER-CITY in any advertising or promotional materials.

Nakedbus wanted a more precise approach, which only banned it from using those terms in online advertising.

Justice Asher favoured a more refined approach, emphasising his request for further submission was not an invitation to seek relief .

However, Nakedbus has appealed the decision on relief and the February decision on liability.

Nakedbus chief executive Hamish Nuttall has not responded to NBR ONLINE’s request for comment.

vyoung@nbr.co.nz

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