This post looks at the trade mark opposition procedure in New Zealand, some practical tips for enhancing your chances of success on an opposition and options if no opposition is lodged and a mark proceeds to registration. What is a trade mark? A trade mark can consist of a word, phrase, logo, colour, smell or shape or any combination of those items. Trade marks are registered in a country by [...]
Search orders are extraordinary remedies which permit a plaintiff to enter the defendant’s premises to search for and confiscate documents (paper and electronic). They are sometimes described as the nuclear weapons for civil procedure, and are reserved for the most serious cases. They are the civil equivalent of a search warrant and are only available in the High Court. Given the nature of the procedure, an application for a search order is [...]
Sometimes an infringement of a plaintiff’s rights is so urgent that it needs to be dealt with before the usual trial process has run its course. In those cases, a plaintiff can apply to the Court for an interim injunction. This post looks at what an interim injunction is and the types of situations where the Court will typically grant one, the factors affecting the decision about to whether to apply for [...]
As should be fairly self-evident, the contract is the starting point for a contractual dispute. Each contract depends on its own terms and the conduct at issue, and therefore each dispute has its own uniqueness. There are, however, some common key features to such disputes. Terms Establishing the terms of the parties’ bargain is a crucial step before advice can be offered. Sometimes there will be a single written agreement signed [...]
Intellectual property disputes relate to the scope of rights enjoyed by an owner, whether the conduct of a third party infringes those rights and/or the appropriate remedy to be granted. Courts and tribunals Most intellectual property cases are heard in the High Court. The District Court has jurisdiction to handle certain intellectual property disputes up to $350,000, but it does not having jurisdiction over trade mark matters. The Disputes Tribunal expressly does [...]