Bell Gully partner Alan Ringwood and solicitor Rosena Rasalingam discuss cases where traders seek exclusive use of words, expressions or phrases which are in common use and then attempt to police usage by others, often seeking to curtail entirely legitimate use of words or symbols. Key cases discussed include Mainland v Bonlac over the use of the word "vintage" in connection with cheese, the America's Cup, and the Sydney Olympic Games where both the New Zealand and Australian governments intervened with legislation.
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This article was first published in the New Zealand Intellectual Property Journal, August 1999, 145.
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