Print this page

Crocodile International PTE Limited v Lacoste - SC 47/2016

Media releases

Summary

Civil Appeal – Trade Marks Act 2002, s 7(1)(a) – Whether the Court of Appeal erred in its interpretation and application of s 7(1)(a) Trade Marks Act 2002. [2016] NZCA 111   CA607/2014

Result

A Leave to appeal is granted (Crocodile International Pte Ltd v Lacoste [2016] NZCA 111).
B The approved question is:
Did the Court of Appeal err in upholding the High Court decision to set aside the order made by the Assistant Commissioner of Trade Marks revoking trade mark 70068?

19 July 2016
_____________
A The appeal is allowed.  Registration of trade mark 70068 is revoked from 12 December 1999.
B Costs of $25,000 plus usual disbursements are awarded to the appellant (to be fixed by the Registrar if necessary).  We certify for two counsel.
C Costs in the courts below should be set by those courts in the light of this judgment, if they are not able to be agreed.
21 February 2017

Hearing Transcripts

Related Documents

Additional document — NZLII: Lacoste v Crocodile International Pte Ltd [2014] NZIPOTM 11 (19 February 2014)

High Court decision — LACOSTE v CROCODILE INTERNATIONAL PTE LIMITED [2014] NZHC 2349 [25 September 2014]

Court of Appeal decision — CROCODILE INTERNATIONAL PTE LTD v LACOSTE [2016] NZCA 111 [11 April 2016]

Leave judgment - leave granted — CROCODILE INTERNATIONAL PTE LIMITED v LACOSTE [2016] NZSC 88 [19 July 20 (PDF 60 KB)

Substantive judgment — CROCODILE INTERNATIONAL PTE LTD v LACOSTE [2017] NZSC 14 [21 February 2017] (PDF 357 KB)