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NEW ZEALAND: New Zealand divisional filing practice warning.

Actual damages derived from trademark infringement must be proved before the courts / Trademarks are meant to be used and not merely sold.

There is a widespread consensus among the different Divisions of the Federal Court of Appeals, sharing that trademark infringement causing an unjustified damage should be compensated. However, the trademark holder must submit sufficient evidence of any alleged damage. Also, trademarks are meant to be used and not merely sold. Federal Court of Appeals in Civil and Commercial Matters ruled that the registration of trademarks with the sole purpose of their subsequent sale is forbidden