Philip Morris Products S A v Puff Mart Trading Limited

[2021] NZHC 2824

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2021-404-000834

[2021] NZHC 2824

BETWEEN

PHILIP MORRIS PRODUCTS S.A.

Plaintiff

AND

PUFF MART TRADING LIMITED

Defendant

Hearing:

On the papers

Counsel:

M C Sumpter and T F Cleary for Plaintiff

J W S Baigent and R C Watts for Defendant

Date:

26 October 2021

JUDGMENT OF ASSOCIATE JUDGE P J ANDREW

[Orders by consent]

This judgment was delivered by Associate Judge Andrew on 26 October 2021 at 1.00 pm

pursuant to r 11.5 of the High Court Rules Registrar / Deputy Registrar

Date ……………………………………..

PHILIP MORRIS PRODUCTS S.A. v PUFF MART TRADING LTD [2021] NZHC 2824 [26 October 2021]

[1]    I thank counsel for their joint memorandum dated 15 October 2021. In that memorandum the parties seek judgment by consent, as follows.

[2]I make the following orders:

(a)The use of Veex on or in relation to any electronic cigarette or any e- liquid capsules for electronic cigarette devices infringes New Zealand trademark registration number 1049066, VEEV, in classes 9, 11 and 34 contrary to s 89 of the Trademarks Act 2002;

(b)Puff Mart Trading Ltd, the defendant, its director, employees and agents are permanently restrained from:

(i)using in any way (including, but not limited to importing, distributing, offering for sale and selling) the VEEX marks set out in the schedule, or any similar word, mark or sign, on or in relation to any electronic cigarette, e-liquid capsules or any other product; and

(ii)using the VEEX marks, or any similar word, mark or sign, to promote its products on any defendant-controlled New Zealand- facing social media platform.

[3]There are no issues as to costs.

Associate Judge P J Andrew

SCHEDULE: VEEX MARKS