Explain to fahsai the issues she should consider

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Reference no: EM133474591

Case: RooNutrition Ltd. is an Australian producer of performance and health supplements. Their premium range of electrolyte drinks is called Q-Boost. RooNutrition does not currently have a trade presence in New Zealand but plans to launch its products in New Zealand in August 2022. In anticipation of this launch they have started to create brand awareness by sponsoring numerous New Zealand athletes as well as a number of sports events in Auckland and Wellington. They have also obtained a trade mark registration in New Zealand for the wordmark Q-BOOST in class 32 for "aerated beverages (non-alcoholic); alcohol free beverages; beverages consisting of a blend of fruit and vegetable juices."

RooNutrition has become aware that a New Zealand-based company, Kiwi Performance Drinks Ltd., has started selling a range of sports drinks under the name "Q BUZZ".

Q-Boost by RooNutrition Ltd.

Q Buzz by Kiwi Performance Drinks Ltd.

Question 1. Discuss the likelihood of success if RooNutrition were to sue Kiwi Performance Drinks for infringement under the Trade Marks Act 2002, passing off and section 9 of the Fair Trading Act 1986

Dame Susy Fahsai is a famous New Zealand athlete. She won three gold medals at two previous Olympics and has dominated the women's' 100 meters for almost a decade. She is such an outstanding athlete that she has become famous in New Zealand under the nickname "Fast Success".

In 2016, Fahsai decided to quit athletics after an injury. She started an online business offering products and services to athletes. She has been using the trade mark "SUCCESS" for her business since 2016. In 2019 she registered the trade mark "SUCCESS" in New Zealand in relation to online retail and advisory services. Visitors to Fahsai's website can either register as "customers" if they want to buy products or services, and/or they can register as "fans".

Fahsai is interested in promoting and expanding her business and wants to capitalise on her "Fast Success" fame as a top athlete. She aims to sponsor the women's' track team at the next big athletic event. She would like it to wear t-shirts and use tote bags with SUCCESS printed boldly on them. She plans to give this and other marketing material to the athletes for free.

Fahsai has conducted her online business on her personal website "fastsuccess.co.nz". She would now like to make use of the domain name "success.co.nz" for her website. However, she is unable to register this domain name as the company Sue Me Inc., based in the US registered the domain name "success.co.nz" in 2020. The domain name "success.co.nz" resolves to a website "cheap.co.nz" where a large number of .co.nz domain names, including "success.co.nz" are offered for sale. Some of Fahsai's fans and customers have purchased domain names on this website, while under the impression it is linked to Fahsai's website and business. Fahsai received an e-mail from Sue Me Inc offering to sell the domain name "success.co.nz" to her for US $2000.

Question 2. Explain to Fahsai the issues she should consider before formally sponsoring the women's' track team at the next big athletic event.

Question 3. Fahsai does not want to buy the domain name from Sue Me Inc. Explain to Fahsai all the possible legal procedures she can use to address the activities of Sue Me Inc in New Zealand apart from lodging a domain name complaint.

Question 4. What must Fahsai prove to be successful in a New Zealand Dispute Resolution Service (NZ DRS) dispute? Refer to at least two previous domain name disputes she may rely on to ensure that her complaint will be successful.

Question 5. Fahsai is planning to run a special promotion, sending all previous customers a voucher for 25% off their next purchase. She plans to e-mail the details of the promotion and the voucher to all customers that bought anything from her since 2016 and to all persons who had registered on her website as "fans". She asks you whether this marketing campaign is legal.

Question 6. Fahsai is planning to run a special promotion, sending all previous customers a voucher for 25% off their next purchase. She plans to e-mail the details of the promotion and the voucher to all customers that bought anything from her since 2016 and to all persons who had registered on her website as "fans". She asks you whether this marketing campaign is legal.

Reference no: EM133474591

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