James & Wells - Intellectual Property
 
clever thinking...

Ben Cain

BACK TO people

Solicitor

CONTACT BEN Auckland Office EMAIL benc@jaws.co.nz PHONE +64 9 914 6740

Ben is a solicitor based in James & Wells' Auckland office and is part of the litigation team.

Expertise

Qualifications

  • Bachelor of Laws (Hons), University of Waikato (2009)
  • Bachelor of Arts (European Studies) (Hons), University of Hull (England) (1991)
  • Master of Science in International Marketing, University of Strathclyde (Scotland) (1992)
  • Diploma in Marketing, Chartered Institute of Marketing (UK) (1993)

Ben joined James & Wells fulltime in November 2009 as a member of the litigation team, having clerked with the firm over summer 2008-09.  Ben advises clients and provides assistance to the litigation team in a wide variety of intellectual property disputes, including trade marks, domain names (both New Zealand and international), copyright, designs, and the Fair Trading Act.

Ben has a Bachelor of Laws with First Class Honours from the University of Waikato. At University Ben won eight academic prizes, including the Intellectual Property Law Prize (2009) and the Waikato Bay of Plenty District Law Society Gold Medal and Auckland District Law Society award for Top Honours graduate (both 2009). While undertaking his law degree Ben worked for a Hamilton-based law firm and the intellectual property commercialisation unit of the University of Waikato.

In March 2011, Ben was awarded the Loman Friedlander Award by the New Zealand Institute of Patent Attorneys for his university paper entitled "Space: the final frontier.' Is the Starship Copyright fighting a losing battle against the Space Pirates?"

Before turning to the Law, Ben enjoyed a 15-year career in marketing and design in the UK and New Zealand. Ben worked extensively in new product development across a diverse range of consumer goods industries between 1993 and 2000. During this time he spearheaded the development and launch of a number of successful brands and product lines for household names such as Raleigh and Sellotape. Ben's last client-side role was managing the Nurofen brand in New Zealand. Between 2001 and 2007 Ben was an account manager for two well-renowned brand design agencies in Wellington and Auckland as well as running his own marketing consultancy for a time. He also guest-lectured at Massey University on the role of design in marketing.

Ben is a member of the New Zealand Law Society and a student member of the New Zealand Institute of Patent Attorneys.

BEN

... we have a team of specialists who can assist and advise businesses looking to sell on-line across a wide range of e-commerce legal issues.. more

... that you can now apply to register and run your own ‘.[domain]’?. more

...You must prove rights in a domain name complaint under New Zealand’s DRSP?. more

When is a trade mark not a trade mark – when it is a descriptive or generic term for a product or service. more

…That in 2012, you will be able to apply to register your own domain name ending such as .jamesandwells?. more

When is a trade mark not a trade mark? – When it is a descriptive or generic term like radler. more

…In 2010, complainants were successful in 90% of the decisions issued under NZ’s domain name DRSP?. more

Reverse engineering software: potentially safe under copyright law but in breach of contract?. more

...That you cannot 'own’ a domain name?. more

...That visitors to your website may be redirected to another site?. more

...That descriptive names can hinder success in a domain name dispute?. more

...You can add your logo to the companies office website?. more

Directors' personal liability for breaches of intellectual property rights. more

“Right here, right now”…or “wrong place, wrong time”?. more