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4.3.1 Device marks
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The idea of a mark is particularly relevant for devices. In I & R Morley v Macky Logan Caldwell Ltd19 an existing mark of a wheel and wings had become known as the ‘flying wheel brand’. A later-filed mark comprising a circle with winged projections was held to have the same idea, and registration of the later mark was refused.
Footnote
19 I & R Morley v Macky Logan Caldwell Ltd [1921] NZLR 1001
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