News

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

23 May 2018

Where in the WORLD? Fashion label’s “Made in New Zealand” claims questioned

As has been widely reported, New Zealand fashion label WORLD is in a spot of bother regarding it claims that its garments are FABRIQUE EN NOUVELLE ZELANDE (that is, “Made in New Zealand”). This article discusses the Fair Trading Act in New Zealand, and what this means for WORLD and other traders when promoting a products origin. New... Read more

03 May 2018

Are You Ready? New Trade Mark Requirements in the Wine Equivalent Tax (WET) Rebate Regime

If you export to Australia and the Wine Equalisation Tax (WET) rebate is important to you or your business, you should be investing in an Australian trade mark registration now.  This article provides a quick summary of why NZ wine exporters should consider trade mark protection in Australia. Changes have been made to the WET legislation in Australia... Read more

30 Oct 2017

Eight Mile Style v New Zealand National Party: National ‘Loses itself’ to Eminem in copyright case

The High Court has awarded Eight Mile Style, LLC $600,000 in damages for the copyright infringement of the Eminem song Lose Yourself by the New Zealand National Party. This has been one of the more high-profile recent copyright cases in New Zealand and is likely to have a significant impact on relevant parts of the creative industry. Background As part of... Read more

21 Sep 2017

Misuse of confidential information by ex-employees in New Zealand – is this a case for the ERA?

Disputes involving ex-employees and causes of action relating to retention and misuse of confidential information can give rise to disputes over jurisdiction.  Do such disputes fall into the exclusive jurisdiction of the Employment Relations Authority (ERA) or should they be determined by the Courts? The recent decision of the High Court in Ecostore Company Limited v Worth[1] provides useful... Read more

18 Sep 2017

Hidden advertising practices finally exposed

The digital era brings new challenges when protecting and enforcing trade marks online. In particular the use of trade marks that go unseen such as hidden in website code or lurking behind the workings of a search engine raise new issues for trade mark owners and IP practitioners. In this article we update a decades-long trade mark battle that has... Read more

22 Aug 2017

Alleged wine fraud highlights importance of brand protection for New Zealand’s wine industry

In a case that is a first for New Zealand, the Ministry of Primary Industries (MPI) are prosecuting New Zealand wine company Southern Boundary Wines Ltd with a number of fraud allegations. The case highlights the importance of New Zealand’s intellectual property and consumer laws in protecting the reputation of wine and other goods that are exported from... Read more
Alleged wine fraud highlights importance of brand protection for New Zealand’s wine industry

20 Jul 2017

Intellectual property – where do I start?!

For many businesses (particularly start-ups and SMEs) the upfront cost of obtaining registered intellectual property (IP) rights can be daunting.  However, securing such rights, whether it be a trade mark, patent or design registration, can be hugely valuable.  Registered IP rights secure you a certain monopoly over your competitors, give you more robust legal weapons to enforce your... Read more
Intellectual property – where do I start?!

15 Jun 2017

Australian registered company holders targeted with ASIC email scam

Beware of a recent malicious email scam targeting Australian registered businesses. The email claims to be from the Australian Securities & Investments Commission (ASIC), the body that manages company registrations, and contains a link to download documents related to the renewal of a company registration. Appearing legitimate, many of these scam emails are known to contain malicious attachments, including ransomware,... Read more

21 Apr 2016

Equity crowdfunding and intellectual property - a quick guide

Baldwins’ Associate, Tim Stirrup has written a blog post for equity crowdfunding platform, Snowball Effect. Tim provides an introduction to the various types of intellectual property and a few useful tips for those considering crowdfunding offers or investment. Equity crowdfunding is undoubtedly here to stay. It’s an excellent way for SMEs to access growth capital... Read more

18 Mar 2016

Wild West of Instagram: The Quick (#Repost) and the Dead (Copyright)

Two current cases in the United States, a class action lawsuit and recently filed complaint, have brought to the fore serious copyright issues for Instagram’s 300 million users. The right to use photos posted on social networks is a pervasive, current, but largely uncertain intellectual property issue.  This issue may pose problems for those who fail to give... Read more
Wild West of Instagram: The Quick (#Repost) and the Dead (Copyright)
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