The Court of Appeal has overturned a High Court ruling allowing petfood maker Mars to block a rival's trademark.
Butch petfood maker Roby Trustees successfully applied to trademark the term, "Optimize Pro Lead the Pack" for its dogrolls.
But the High Court set that aside after a complaint by Mars NZ, which said consumers would confuse the mark with its trademarks "Optimum" and "Opti-mate".
However, the Court of Appeal said confusion was unlikely and said Roby's proposed trademark should proceed.
- © Fairfax NZ News