D. B., Lion beers ‘not confusable’
PA Auckland “Double Red” beer is different and could riot be confused with a brand marketed by Lion Breweries, lawyers for Dominion Breweries have submitted in the High Court at Auckland. Lion is attempting to block the marketing of the new D.B. “red” under that name, claiming it is an attempt to exploit the market built up by “Lion Red.” It seeks an injunction debarring the use by D.B. of any name with the word “red.” For Dominion Breweries, Mr Julian Miles submitted that the name used on all of Lions’ cans and bottles was “Lion Beer” and th® the
term “Lion Red” had only recently appeared on cartons. The names “Lion Beer” and “Lion Red” were both different from the name “Double Red,” and no reasonable person could confuse them visually, said Mr Miles. He said claims by Lion that orders for. its beer could be substituted in hotels with the new D.B. product were serious allegations of what amounted to commercial fraud and that there was no real justification for the claim. He said it was also wrong to submit there could be confusion between the two labels.
D. B., Lion beers ‘not confusable’
Press, 25 November 1983, Page 9
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