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Names have power, so choose yours wisely

7 March 2019. Posted by Ben Cain .

When it comes to choosing a name for your business, product or service, it makes sense to choose wisely. Not least because you don’t want to infringe someone else’s rights and consequently have to re-brand; you also don’t want to offend anyone.  A trade mark search should be an integral part of the name choosing process, unfortunately, it often isn’t. And because it isn’t, I regularly encounter businesses having difficulties with the name they have chosen.

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Sky NZ – 2, Sellers of ‘Kodi’ boxes - 0

9 November 2018. Posted by Ben Cain .

‘Kodi’ boxes are set-top media and entertainment boxes that use free, open source software. There are thousands of boxes already in homes around New Zealand. Neither Kodi nor the boxes on which the software is installed are in themselves illegal, but become so when they are used to view subscription-based content, like Sky TV and Netflix, for free. The questions facing Sky are simple: how can it stop the sale of pre-loaded set-top boxes, and how can it stop box owners getting access to pirated content?

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Imitation is a kind of artless flattery…and potentially illegal

30 October 2018. Posted by Ben Cain .

“Imitation is a kind of artless flattery” wrote Eustace Budgell in the newspaper The Spectator in October 1714. 300 years later, imitation is still a kind of artless flattery. It will also be illegal if it infringes someone’s copyright rights.

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James & Wells appoints new senior staff

18 May 2017. Posted by David Macaskill , Ben Cain .

National intellectual property specialists James & Wells have made three significant senior appointments.

Ben Cain and David Macaskill have been appointed to Senior Associate, while Rebecca Pennell has been promoted to Human Resources Manager. 

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Protecting the brand you’re working on

25 July 2016. Posted by Ben Cain .

Where there’s business there’s brands. Those succinct simple representations of an organisation carry enormous power and the task of making a business or cause memorable and enduring.  Around the globe maybe millions of minds are beavering away on developing brands to drive their marketing, and cement their future prosperity.

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Branding, agencies and due diligence…it’s time.

8 July 2016. Posted by Ben Cain .

I firmly believe that, as creators of IP for their clients, branding agencies have a duty of care to their clients to ensure that the work their clients pay for does not infringe someone else’s rights. Ben Cain explains. 

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Charging domain name complainants ‘unfair’

11 May 2016. Posted by Ben Cain .

Charging complainants only in disputes over domain names in New Zealand is “unfair” and needs to be changed, an intellectual property specialist says.

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‘It’s so unfair!’ The ‘complainant pays’ feature of the DRSP

27 April 2016. Posted by Ben Cain .

The DRSP is without question an excellent forum for deciding domain name disputes. In my view however the DRSP has one fundamental flaw: that in a defended complaint the complainant has to pay 100% of the expert determination fee

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The Coolest Cooler

3 December 2014. Posted by Ben Cain .

The humble chilly bin will never been the same again. On 20 November TIME published its list of ‘The 25 Best Inventions of 2014’. From hover boards to supersmart spacecraft, witricity to wrappers you can eat, the inventions are nothing short of incredible. 

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Too good to be true?

14 November 2014. Posted by Ben Cain .

There is an old adage that if something sounds too good to be true then it probably is.  

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