Amicus Brief

Austin, Nichols & Co. Inc. v. Stichting Lodestar

Published: September 20, 2007


New Zealand Supreme Court

Our Position

In its first intervention in a New Zealand court, INTA argued that in appeals from decisions of the Commissioner of Trademarks, the issue of deference to the Commissioner’s decision should be a factor to be weighed by the High Court in making its decision.


In an approach that was consistent with INTA’s submission, the Supreme Court held that the High Court is required to come to its own view on the merits. The weight it gives to the Commissioner’s decision is a matter of judgment.