News

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

30 Apr 2019

Australian Trade Mark Registrations – Important Change to the Non-use Period

In 2016, the Productivity Commission review of Australian intellectual property arrangements found a high volume of inactive trade marks. Consequently, the Commission concluded that inactive marks could be preventing legitimate users from using and registering the same or similar marks. A recent law update in Australia has reduced the time limit in which an application for revocation for non-use can be... Read more

26 Apr 2019

Commerce Commission v Viagogo AG: Plaintiff granted leave to appeal the High Court decision

The Commerce Commission has been granted leave to appeal the High Court decision in Commerce Commission v Viagogo AG.[1] This decision declined the Commerce Commission’s (“the Commission”) interim injunction application on the basis that there was no jurisdiction as Viagogo AG had yet to be formally served. Background In February, the Commission lost an application for... Read more

09 Apr 2019

A guide to using your trade mark correctly

A distinctive and well managed trade mark will create a sought after reputation and grow valuable goodwill for your business. To build value in your trade mark, it is important to use your mark correctly. We have listed below some simple tips you can implement to ensure correct trade mark use. Use your trade mark as an Adjective A trade... Read more

05 Apr 2019

Baldwins’ attorneys ranked ‘Best Lawyers’ in New Zealand 2020

Baldwins Intellectual Property is pleased to announce that eight of its attorneys were recently nominated by their peers for inclusion in The Best Lawyers in New Zealand © 2020. “This is an outstanding achievement and we are thrilled to see such a number of Baldwins' specialists recognised as world class attorneys again this year. Their recognition and acknowledgement from their... Read more

01 Apr 2019

Not so black and white – colour words as trade marks?

Does your business have a strong colour theme that sets you apart from other traders?  A colour or colours that consumers identify solely with you?  Think about the colour red for Coca-Cola, green for BP, yellow for the Yellow Pages, or blue for Facebook?    If you do, a recent High Court decision may help you obtain... Read more

29 Mar 2019

The Scope of the Potential EU-New Zealand Fair Trade Agreement

Negotiations are underway for a European Union (EU)–New Zealand Fair Trade Agreement (FTA). The EU proposal on intellectual property includes a chapter on geographical indication (GI) names for protection. The Ministry of Foreign Affairs and Trade recently concluded a consultation period on the proposed list of EU GIs, but what remains to be seen is the scope of... Read more

22 Mar 2019

Baldwins named the winner of the New Zealand Prosecution Firm of the Year Award 2019

Baldwins is proud to be recognised by Managing IP as the winner of “New Zealand Prosecution Firm of the Year 2019”.  We would also like to congratulate the other 2019 winners on their achievements. ManagingIP is the leading source of news and analysis on all IP developments worldwide. The ManagingIP awards recognise and commend firms, individuals and companies behind... Read more

27 Feb 2019

No interim injunction in Commerce Commission v Viagogo AG

The High Court decision in Commerce Commission v Viagogo AG [2019] NZHC 187 highlights one frustration faced by applicants when the respondent is based overseas but trading in New Zealand. Background Viagogo is a Swiss company that operates a ticket reselling website internationally, including in NZ. In December 2018, the Commission brought proceedings under the Fair Trading Act 1986 (FTA) alleging that: Viagogo represents... Read more

01 Feb 2019

Geographic Indications up for negotiation and expansion in EU-NZ Free Trade Agreement

Article written by: Joseph Bracewell and Mariyam Sheeneez |     The Ministry of Foreign Affairs & Trade (“MFAT”) is currently seeking nominations from New Zealand agricultural, wine, spirits, aquaculture, food producers, and producer groups for their product names to be proposed to the EU for registration and protection as Geographical Indications (“GIs... Read more

15 Jan 2019

Additional damages for flagrant copyright infringement welcomed by performing right association

In the past, copyright infringers may have thought that there was little risk to waiting for a lawsuit before considering a licence.  However, the High Court has now signalled that significant additional damages can, and will, be awarded in cases that warrant increased penalty: Australasian Performing Right Association Ltd v 3228 Business Ltd [2018] NZHC 3088. Rocksalt Bar and Restaurant was recently... Read more