Acting as senior counsel for the LEGO Group on claims against Zuru for trade mark infringement, passing off and breach of the Fair Trading Act. Opposing applications by Zuru for declarations of non-infringement. 12 day trial in the Auckland High Court in May 2023, judgment in favour of the LEGO Group (currently on appeal to the Court of Appeal). The High Court judgment was reported at (2023) 173 IPR 146.
Brands Limited v Bed Bath ‘N’ Table Pty Limited
Kevin2023-10-30T23:37:57+00:00Senior counsel for New Zealand manchester and homewares retailer Bed Bath & Beyond in a claim for trade mark infringement, trade mark invalidity, passing off and breach of the Fair Trading Act by its competitor, Bed Bath N’ Table. Three week trial in the Wellington High Court held in July/August 2022.
Confidential
Kevin2023-10-31T00:32:05+00:00Senior counsel for the defendant on a claim for breach of contract and breach of confidence, set down for a two week trial in the Wellington High Court in September 2024.
Steelrite Engineering Limited v George Grant Engineering Limited
Kevin2023-10-30T23:49:41+00:00Acted for welding sub-contractor on proceedings to recover unpaid invoices based on debt/contract. Counterclaim by the defendant GGE was abandoned the day before trial and the claim admitted, my client was awarded costs on an indemnity basis.
Acer Inc v Australian Council for Educational Research
Kevin2023-10-30T23:40:41+00:00Acting for Acer Inc on various IPONZ trade mark proceedings, including successful application for partial revocation of the Council’s trade marks ([2023] NZIPOTM 29) and successful opposition to application for amend pleadings ([2023] NZIPOTM 3).
Confidential
Kevin2023-05-06T02:43:57+00:00Counsel for the plaintiff on an interim injunction application relating to copyright, breach of confidence, breach of directors’ duties and Fair Trading Act.