Baldwins Law Limited
Thomas helps clients to maintain and enforce their intellectual property rights and to resolve disputes relating to those rights.
Thomas is a barrister and solicitor specialising in all areas of intellectual property, from protection and maintenance through to enforcement. His focus is on dispute resolution, whether by way of negotiation, mediation, or official resolution channels. Named ‘one to watch’ by the Legal 500 Asia-Pacific and a ‘Rising Star’ by Asialaw Leading Lawyers, Thomas has represented clients at all levels of the New Zealand Courts, and the New Zealand and Australian Intellectual Property Offices, as well as before the WIPO Arbitration and Mediation Center, and the New Zealand Dispute Resolution Service.
Before joining Baldwins in late 2010, Thomas was a researcher of human memory error and eyewitness testimony for the Innocence Project New Zealand and the Victoria University School of Psychology. In late 2012, he was seconded as a copyright and media policy consultant at the Ministry for Culture and Heritage.
Thomas is locally known due to his enthusiasm and support for local artists and artisans – from those involved in food and beverage goods and services, to those in the art, film and music industries. He is passionate about helping creative people and businesses.
- Oppositions, revocations, invalidity actions
- Infringement and enforcement matters
- Counterfeiting and border control cases
- Domain name disputes
- Contractual issues
- Social media and e-commerce complaints
- Appearing as counsel before courts and tribunals
- Registered Patent Attorney (Australia and New Zealand)
- Barrister and Solicitor of the High Court of
- 2010 Bachelor of Laws, Victoria University of Wellington
- 2010 Bachelor of Science (Hons 1st Class) (Psychology), Victoria University of Wellington
- 2010 Bachelor of Arts (Psychology), Victoria University of Wellington
Awards & Recognition
Publications & Citations
- Textbook Chapter “Copyright Licensing” in Wolters Kluwer Legal & Regulatory / Licensing Update 2016 - 2019 (eds. Battersby & Grimes).
- The Enduring Significance of the Digital Millenium Copyright Act Safe Harbor (2017) Copyright & New Media Law, Vol 21, Issue 2.
- High Stakes on the Digital High Seas: Copyright and Piracy in the 21st Century (2013) Intellectual Property Forum, Issue 93.
- Swatch AG v Apple Inc.  NZIPOTM 11;  NZIPOTM 13
- Crocodile International Pte Limited v Lacoste  NZCA 111
- Bluebird Foods Limited v Griffin’s Foods Limited  NZIPOTM 9
- Appleby Vintners Limited v Kollaras & Co Pty Ltd  ATMO (16 July)
- Crocodile International Pte Limited v Lacoste  NZHC 2265;  NZAR 1391
- Zoggs International Limited v Sexwax Incorporated  NZHC 1494
- Fast Future Brands Proprietary Ltd v Valleygirl New Zealand Ltd  NZCA 615
- Fast Future Brands Pty Ltd v Valleygirl New Zealand Ltd (2012) 13 TCLR 542
Articles by Thomas Huthwaite
- 28 08 2019This “Dark Horse” decision is anything but “Joyful Noise” for Katy Perry
- 25 06 2019Submissions Invited on Proposed Intellectual Property Laws Amendment Bill
- 10 06 2019The risky business of streaming devices: New Zealand Courts find against providers of Kodi boxes
- 15 01 2019Additional damages for flagrant copyright infringement welcomed by performing right association
- 06 12 2018Simon Says: Cultural expression and traditional knowledge deserve better
- 30 11 2018CPTPP to enter into force: Here are its likely changes to New Zealand IP law
- 21 08 2018Counterfeit Vehicle Parts On the Rise: When IP Infringement Becomes Life-Threatening
- 11 04 2018Countering Counterfeiting: Current problems and solutions for e-commerce piracy
- 22 06 2017Don't use that tone(r) with me: How first sale can exhaust IP rights
- 22 02 2017Online copyright infringement is still actionable in New Zealand
- 22 02 2017Megaupload executives still eligible for extradition: summary of latest decision in Dotcom case
- 25 05 2016New Zealand's TPPA Amendment Bill: further copyright law amendments
- 17 05 2016New Zealand's TPPA Amendment Bill: extension of copyright term
- 22 04 2016Google writes history: The end of "Authors Guild v. Google"
- 31 03 2016"Batmobile" decision stands, as US Supreme Court denies petition
- 15 10 2015Copyright law not flexible enough to protect Bikram Yoga Sequence
- 09 10 2015To the Batmobile, Let’s Go! A Review of Copyrightable Subject Matter
- 29 09 2015“Good Morning” to “Happy Birthday”: Why its Lyrics Might No Longer Be Copyrighted
- 29 05 2015Passing off in the UK, Australia and New Zealand: A divergence in criteria
- 10 04 2015A web of intrigue: How ‘Spider-Man’ is challenging patent licensing in the US
- 23 03 2015The selfie stick: 2014’s most divisive invention
- 29 10 2014The marvel of intellectual property rights: How Jack Kirby will be remembered for his contributions
- 27 08 2014Some rights reserved: Creative Commons and the new era of copyright
- 13 03 2014Traders to acknowledge the source of the haka Ka Mate
- 14 02 2014New Zealand’s flightless creations: Why Kiwis need to protect their intellectual property
- 11 12 2013Update - Legislative protection for the 28th Māori Battalion
- 26 11 2013Whose line is it anyway? Social media guidelines part II
- 24 10 2013Giving away your rights: Social media guidelines part III
- 18 10 2013A U.S. copyright small claims court?
- 19 09 2013Legislative protection for the 28th Māori Battalion
- 13 08 2013Please don’t verb my adjective: Social media trade mark guidelines
- 02 07 2013Identifying and benefitting from your intellectual property
- 14 05 2013Georgie Pie: a brand that forever lives on in the hearts of its fans, and on the trade marks registe
- 26 04 2013Endless pursuit for the smartest smartphone
- 22 04 2013Innovation, piracy and change in digital media
- 15 04 2013ISP liability for copyright infringement: Are dodgy subscribers worth the risk?
- 04 04 2013A Physical Jolt – When Franchise Agreements Falter
- 02 02 2013Mega-misinformation: The difference between cloud computing and file sharing
- 01 02 2013Kryptonite for creators: How to protect your intellectual property
- 01 02 2013First alleged pirate walks the plank – lands in shallow water
- 08 12 2012Second infringing file sharing case dropped by RIANZ
- 24 11 2012Are search engines liable for the content of search results?
- 04 10 2012‘Tis Life for the haka Ka Mate
- 03 07 2012Music and Copyright Law
- 03 07 2012Copyright Infringement: A Worldwide Update
- 11 05 2012From “cool to criminal”: a warning for internet service providers
- 25 04 2012Alleged pirates to walk the plank
- 16 02 2012The Pirate Bay takes to the high seas
- 03 02 2012The beginning of .xxx domain name disputes
- 26 01 2012Megaupload shut down by US authorities
- 04 11 2011Update on the Copyright (Infringing File Sharing) Amendment Act 2011
- 04 06 2011Legal Protection for Traditional Knowledge
- 16 04 2011New Zealand File Sharing Legislation Passed
- 17 03 2011Australian and New Zealand copyright law for databases, compilations, and directories