Trade Marks Act 2002

Legal proceedings - Civil proceedings for infringement - Orders for delivery up in civil proceedings

111: Matters to be considered by court

You could also call this:

"What the court thinks about when deciding trademark cases"

When a court is thinking about what to do under section 110, they need to think about two main things. First, they need to think about whether other ways of fixing the problem would be good enough to help the person who owns the trademark and anyone who has permission to use it. Second, they need to make sure that any stuff that's breaking the rules isn't gotten rid of in a way that would hurt the trademark owner or the person who has permission to use it. The court wants to make sure they're being fair to everyone involved and protecting the rights of the people who own or use the trademark properly.

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This page was last updated on 13 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165012.

Topics:

Business > Intellectual propertyGovernment and voting > Government departments

110: Order for disposal of infringing goods, infringing material, or infringing object, or

"Court decides what happens to things that broke trademark rules"

112: Directions for service, or

"Court tells you how to inform people about copied trademark items"

Part 4Legal proceedings
Civil proceedings for infringement: Orders for delivery up in civil proceedings

111Matters to be considered by court

In considering what order, if any, should be made under section 110, the court must consider—
whether other remedies available for infringement of the exclusive right to use the registered trade mark would be adequate to compensate, or protect the interests of,—
1. the owner of the registered trade mark:
2. the licensee (if any) of the registered trade mark; and
the need to ensure that no infringing goods, infringing material, or infringing object is disposed of in a manner that would adversely affect—
1. the owner of the registered trade mark:
2. the licensee (if any) of the registered trade mark.