Ben specialises in disputes involving registered or common law trade mark rights, domain names, copyright rights, registered designs and confidential information. His passion is resolving trade mark and domain name disputes, having spent 14 years as a professional marketer and brand manager before qualifying as a lawyer.
Ben regularly represents clients in trade mark proceedings before the intellectual property office of Australia, IP Australia, and domain name dispute resolution proceedings before the World Intellectual Property Office.Outside of work, Ben enjoys good Kiwi craft beer, a movie or two, and spending time with his two sons. .
Before joining James & Wells, Ben worked in both the United Kingdom and New Zealand as a Marketer and Brand Manager for both himself and large organisations such as Raleigh Bikes and Boots Healthcare.
Ben has appeared in dispute resolution forums both in New Zealand and overseas. In New Zealand, he regularly represents clients in trade mark proceedings before the Intellectual Property Office of New Zealand and in domain name dispute resolution proceedings before the Domain Name Commission (NZ). He has also appeared before the Court of Appeal, High Court and District Court of New Zealand in disputes involving trade marks, breaches of the Fair-Trading Act, passing off, breach of confidential information, copyright rights and the Consumer Guarantees Act.
“Our company had a recent serious legal issue that required some urgent legal advice. We called James & Wells because it was an IP issue and were referred to Ben. Ben was willing to talk to me on the phone right on 5pm for probably 45mins and helped me work out some alternatives to legal action which ended up with us getting a fantastic outcome. It’s not often you will find a lawyer who talks you out of taking legal action and works with you to find better first-step approaches, let alone one who is willing to talk through an issue when they could be on the way home to their family. We have always been impressed with the service from James & Wells but Ben well exceeded any service expectations we had! On top of that he is a thoroughly nice person with an obvious ability to think outside the square and get great results. We would recommend Ben and James & Wells without any hesitation.”
"With the case now coming to a close we would like to take the opportunity to thank you for all that you have done and helped us achieve. You were recommended to us by another law firm here in Australia, and we couldn’t be happier with the level of service you provided along with the wealth of knowledge you possess. Monika Bernie and I all agree that you were 100% invested at all times even though you would have had a few cases on the go at once. We were always confident with how you handled our case and the advice you provided, your letters were always written to perfection (no stone left unturned), you explained and made sure we understood legal procedures, we appreciate all of these qualities and have not experienced such service from any other solicitors previously dealt with.
It has been a long couple of years and we hope to now move on and focus on the business, if we do ever need to address any legal matters in New Zealand in the future we know who we will be contacting.
"Ben Cain is a litigator who "cuts straight to the chase". Focusing on getting down to the legal principles purely and efficiently, Ben interprets information quickly, then advises with clarity and detail in a way that is easy to understand and absorb. When you are being bombarded with litigation, Ben has the ability to sift the information quickly and provide strategies, often playing "the devil's advocate" - an "essential tool" when formulating any effective clinical approach in litigation.We as individuals and as representatives of our various enterprises have found Ben Cain to be extremely well spoken and well presented; an absolute professional in every detail. He is always calm and clear while maintaining a broad mind to dispute resolution. If there is a time when your options run dry, and court is the only option, Ben will be the "scorpion in a suit" you need."
Nick Franklin and Chrissy Rogerson