Keep up-to-date with the latest intellectual property news:

23 Apr 2008

Chinese domain names and internet keywords

Have you recently received an email from a Chinese internet company, saying that someone else has tried to register your name as a domain name or internet keyword in China? If so, you are not alone. At Baldwins we are receiving an increasing number of enquiries from clients about these emails, which typically state that: the sender is an authorised... Read more

23 Apr 2008

Is it “Use” of a Trade Mark if it is Not Used on the Goods?

In Aqua Technics Pool and Spa Centre New Zealand Limited v Aqua-Tech Limited (unreported, CA257/05, 22 March 2007, Court of Appeal) the Court of Appeal was asked to consider whether the respondent, Aqua-Tech Limited (Aqua-Tech), had established use of the trade mark “Aqua-Tech” in relation to spa and swimming pools. Aqua-Tech was the manufacturer of spa and swimming pools and... Read more

23 Apr 2008

Hearings Officer’s Views to be Given Weight by Appellate Courts

The Court of Appeal has overturned the High Court’s ruling that WILD GEESE is confusingly similar to WILD TURKEY in respect of class 33 goods. In 2004 a Hearings Officer ruled that although there were conceptual similarities between WILD GEESE and WILD TURKEY, the marks did not look or sound the same and were not confusingly similar. Austin Nichols, the... Read more

23 Apr 2008

Build-a-Bear Workshop – Premature Rejection

Build-A-Bear Workshop, Inc. applied for a trade mark for the three dimensional shape of a heart in classes 28 and 35 in relation to, inter alia, toys and dolls and retail of such items.   The Intellectual Property Office of New Zealand rejected the application on the basis that it has no distinctive character. Build-A-Bear Workshop, Inc. did not submit any evidence... Read more

21 Apr 2008

New Zealand and China Free Trade Agreement

On 7 April 2008 New Zealand and China signed a free trade agreement (“the agreement”).  The agreement is said to provide mutually beneficial concessions in the areas of trade of goods, services and investment and New Zealand is the first country to enter in to any sort of free trade agreement with China. The agreement refers specifically to the... Read more

20 Feb 2008

Not so Happy Valley

Solid Energy operates coal mines in New Zealand.  Save Happy Valley Coalition is an environmental group.  The parties have been involved in litigation in relation to Solid Energy’s proposed mine at Happy Valley in New Zealand for some time. Solid Energy became aware of a mock report about its mining activities produced by Save Happy Valley... Read more

15 Feb 2008

Tax Incentives for Innovation in New Zealand

The New Zealand government has enacted legislation bringing in a new tax credit regime as a means of spurring private sector investment in research and development in New Zealand. The Act is due to come into force for the 2008-2009 financial year. The new scheme, which is regarded as being one of the most generous schemes in the world, is... Read more