Unjustified proceedings

105 Unjustified proceedings

(1)

If a person brings proceedings alleging an infringement of a registered trade mark, the court may, on the application of any person against whom the proceedings are brought,—

(a)

make a declaration that the bringing of proceedings is unjustified:

(b)

make an order for the payment of damages for any loss suffered by the person against whom the proceedings are brought.

(2)

The court must not grant relief under this section if the person who brings the proceedings proves that the acts in respect of which proceedings are brought constituted, or would have constituted if they had been done, an infringement of the trade mark concerned.

(3)

Nothing in this section makes a barrister or solicitor of the High Court of New Zealand liable to any proceedings under this section in respect of any act done in his or her professional capacity on behalf of a client.

Compare: 1994 No 143 s 130