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.

Counsel for two of the defendants, Geostel and its director Paul Daynes, since June 2016. The case relates to industrial copyright in the design of a component called a cup used in asparagus-grading machines. I was instructed just after the High Court had awarded damages of $4.1m against my clients and another party, Napier Tool & Die, in 2016 – the largest award of damages for copyright infringement in New Zealand history.

That award was overturned by the Court of Appeal in 2016: reported at [2017] 2 NZLR 611.  The High Court was directed to assess damages on a “user principle” (or notional licence fee) basis rather than lost profits.  Geostel was awarded costs on Oraka’s abandoned application for leave to appeal to the Supreme Court: [2017] NZSC 79. There was a further six day trial in the High Court in 2017 including extensive expert evidence.  The High Court set damages at $510,000, plus interest going back to 2005 which effectively doubled the amount due: reported at (2018) 131 IPR 363. This was reduced on appeal to $47,000: [2020] NZCA 256.

Senior 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.

Senior 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.

Acting 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).

Counsel for the plaintiff on an interim injunction application relating to copyright, breach of confidence, breach of directors’ duties and Fair Trading Act.

Counsel for the defendant on a patent and copyright infringement claim regarding LED lights in the Auckland High Court.

Counsel for the NZ-based defendants in a passing off and Fair Trading Act claim in the High Court (plus trade mark invalidity application) brought by a major US corporation, which also involves a counterclaim for trade mark infringement, passing off and breach of the Fair Trading Act.

Counsel for the plaintiff on copyright infringement claims in the Auckland High Court against two competitors, relating to tent designs.

Counsel for the plaintiff on a successful interim injunction application to the High Court on a breach of confidence claim