An Australian drive-through coffee business has won a legal case over its intellectual property and branding in New Zealand.

Muzz Buzz Franchising Pty Ltd was victorious in the.High Court of New Zealand on Friday 28 June 2013, winning its case against an Auckland drive-through coffee business Jitta Buzz.

Presiding judge Justice Toogood declared an award of injunctive relief in favour of Muzz Buzz against defendants Mr Scott Andrew Christie and Mrs Chrissandra Lee Christie and JB Holdings (2010) Limited, who operate the Jitta Buzz business.

The court found that the Christies had deliberately copied elements of the Muzz Buzz brand, building facade and website, and infringed Muzz Buzz’s copyright, intellectual property and trademarks.

The couple had engaged in passing off and misleading and deceptive conduct in breach of the Fair Trading Act 1986, the court found.

The injunction requires the defendants to make substantial changes to their trading name and the appearance of their drive through outlets and website.

Costs were awarded in favour of Muzz Buzz.

Warren Reynolds, executive chairman of Muzz Buzz, said “We have invested millions of dollars building our brand values and creating awareness of our brand in both Australia and New Zealand over many years. This decision protects our exclusive rights in New Zealand to our brand and the huge investment we’ve made in building it.

“It sends a strong signal to potential franchisees in Australia and New Zealand that we will fight to protect our rights and protect the value we’ve created in the Muzz Buzz brand.”