Indonesian cigarette maker knocked back on ‘angkor’ appeal bid
An Indonesian cigarette manufacturer has lost its bid to takes its trademark spat with Fonterra to the Supreme Court.
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An Indonesian cigarette manufacturer has lost its bid to takes its trademark spat with Fonterra to the Supreme Court.
Sumatra has been fighting, since 2005, for the right to use the “Angkor” trademark in New Zealand on its coffee, tea, cocoa, chocolate, drink flavourings, cereal, non-dairy creamer, biscuits and confectionery.
Its application to use the trademark on those products in 2005 was allowed by the assistant commissioner for trademarks.
But this was opposed by NZ Milk Brands, an arm of Fonterra, which said it could be confused with the Anchor trademark it has used on its dairy products since 1886.
When legal proceedings saw the High Court reject the registration of Angkor, Sumatra took the dispute to the Court of Appeal, which in June allowed use of Angkor for cereal, biscuits and confectionery only.
Now, the Supreme Court has rejected Sumatra’s application for leave to appeal that decision.
The Supreme Court judgment released today said Sumatra hadn’t identified principles of general or public importance or general commercial significance - necessary for the appeal.
Although the varied opinions of the assistant commissioner of trade marks, the High Court and the Court of Appeal demonstrated there was scope for legitimate difference of opinion on the issue, the appeal did not meet the criteria required for invoking miscarriage of justice limb in a civil appeal, the Supreme Court said.
Georgina Bond
Fri, 23 Sep 2011
Fri, 23 Sep 2011
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Indonesian cigarette maker knocked back on ‘angkor’ appeal bid
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