The word ‘Batts’ (at least in a trademark sense) belongs to Fletcher.
Tasman Insulation NZ (a subsidiary of Fletcher) has come out on top in a recent Court of Appeal decision (Tasman Insulation NZ Ltd v Knauf Insulation). The finding essentially upheld the High Court decision not to revoked the ‘Batts’ trademark.
This case bears some similarities to a famous dispute around the term Radler. In which SOBA (Society of Beer Advocates) unsuccessfully asserted that DB had lost the trademark in the term ‘radler’ because it was now in general use (and not descriptive) – read article here.
This often makes us think about how descriptive a number of common brands names remain especially when these have become integrated into everyday use. Some examples include Glad wrap, Electrolux (lux)/Hoover, Vivid, Coke.