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. Two day appeal hearing in the Court of Appeal on 30-31 October 2024, second counsel to Alan Galbraith KC. Currently awaiting judgment from the Court of Appeal.

Acting for Valentia, a major provider of software in the health sector. Defending claims brought by its competitor Medtech for copyright infringement, breach of confidence and other claims in relation to the operation of Valentia’s “indici PMS” practice management system used by medical practices.

Successful opposition to interim-interim relief application. Successful application to rescind without notice preservation order, successful opposition to interim injunction application, awarded 3C costs. Successful opposition to applications by Medtech for leave to appeal. Case is ongoing.

Acting for the plaintiff on a claim for trade mark infringement and breach of contract, with interim injunction application. Pickwick hearing in December 2024, defendants offered undertakings during the hearing and later consented to permanent orders.

Acting for the plaintiff on software dispute with applications for interim relief and for leave to proceed by way of derivative action. Claims for copyright, breach of confidence, breach of Companies Act provisions.

Initial hearing on a Pickwick basis regarding continued provision of software (before van Bohemen J), adjourned during reply submissions when defendants indicated willingness to provide undertakings. Full hearing of the interim injunction before O’Gorman J, interim injunction granted and leave to proceed by way of derivative action.

Senior counsel for the plaintiff on a claim for trade mark infringement, passing off and breach of the Fair Trading, and defending counterclaims for revocation of trade marks. Case commenced in 2022, had been set down for a two week trial in the Auckland High Court in 2026, and was resolved at mediation in 2025.

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, resolved at mediation.

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.