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. The case is in the Wellington High Court and is likely to go to trial in 2021/22.
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 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. (Currently on appeal to the Court of Appeal.)
Counsel 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.
Counsel 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.