Top Investments and Effem Foods fight over who gets to hold the “Celebrations” trademark will reconvene at the High Court of
Auckland in March. The case had been part heard before Christmas, but could not be resolved.
Tip Top Investments owns the “Sweet Celebrations” trade mark on: “flour and preparations made from cereals, bread, pastry, confectionery, ice-cream, iced confections, ice-cream novelties and desserts, ices, honey, treacle and sauces.” And the commissioner of trademarks prompted the court case by refusing to allow Effem Foods to register a “Celebrations” trademark for “chocolate assortments, excluding frozen and/or ice cream versions thereof.”
Effem Foods have sought an order requiring Tip Top to change the definition of the products it uses the “Sweet Celebrations” trademark, narrowing it to “ice-cream, iced confections, ice-cream novelties and desserts, and ices.”