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.
Medtech Limited v Valentia Technologies (NZ) Limited
Kevin2025-08-06T02:11:04+00:00Acting 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.
Confidential
Kevin2025-08-06T01:06:57+00:00Acting 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.
Confidential
Kevin2025-08-06T01:06:34+00:00Senior 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.
Brands Limited v Bed Bath ‘N’ Table Pty Limited
Kevin2025-08-06T02:49:54+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
Kevin2023-05-06T02:43:57+00:00Counsel for the plaintiff on an interim injunction application relating to copyright, breach of confidence, breach of directors’ duties and Fair Trading Act.
Switch Lighting v Visionary Technologies
Kevin2025-08-06T02:23:29+00:00Counsel for the defendant on a patent and copyright infringement claim regarding LED lights in the Auckland High Court.
Cooper Tire & Rubber Co v Cooper Tyres NZ
Louisa Currie2025-08-06T02:20:52+00:00Counsel 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.
Yellow Holdings v Eurobelt
Kevin2025-08-06T02:17:54+00:00Counsel for the defendant in successfully opposing an application for the immediate transfer of a domain name in an interim injunction application in the Auckland High Court.