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.
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).
Cooper Tire & Rubber Co v Cooper Tyres NZ
Louisa Currie2021-10-28T02:18:09+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.
Dr August Wolff v Combe International
Kevin2021-10-28T02:34:53+00:00Counsel for the opponent owner of the VAGISIL mark on a successful trade mark opposition hearing before the Intellectual Property Office relating to the trade mark VAGISAN. I also acted on the appeal in the High Court, which upheld IPONZ’s rejection of the mark.
Savernake Holdings v Waiwera LLC
Louisa Currie2020-09-03T01:59:51+00:00Counsel for Savernake Holdings in relation to complex trade mark proceedings involving seven separate but inter-related applications and oppositions at IPONZ regarding trade marks which include the word “WAIWERA”. Savernake succeeded on all of its applications and oppositions, including a declaration of invalidity based on bad faith.
Sheppard Cycles v iRide
Kevin2020-07-06T04:17:29+00:00Counsel for the applicant and its parent company SCOTT Sports Inc on trade mark opposition proceedings at IPONZ and on appeal to the High Court regarding the “MY RIDE” trade mark, and in relation to related trade mark invalidity applications.
Sanitarium v A Little Bit of Britain
Kevin2020-07-06T02:32:49+00:00Counsel for the defendants in a high-profile case brought in the Christchurch High Court by Sanitarium against a specialty British goods retailer who imported and sold British Weetabix. The case involved novel trade mark issues including the operation of the Customs notice rules, and expert evidence on marketing issues. The case was reported at (2018) 15 TCLR 173.
MAN AG v Shaanxi Heavy-Duty Automobile Corp
Kevin2020-07-06T02:27:17+00:00Counsel for the appellant/opponent on a successful appeal to the High Court, overturning IPONZ’s decision to allow registration of the mark SHACMAN
Yellow Holdings v Eurobelt
Kevin2022-11-09T02:13:26+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.
Aleem v Nelson Petroleum
Kevin2022-11-09T02:13:58+00:00Counsel for the applicant in an IPONZ trade mark opposition relating to the mark MINI-TANKERS.