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Ben Cain

Senior Associate

Ben is one dedicated solicitor. He works hard to protect the assets which give our clients’ businesses their edge. This kind of commitment has seen Ben work from his hospital bed and lead the James & Wells litigation troops in some pretty major litigation, all the while expecting the arrival of his second son. What a top bloke.

When he’s not talking trade marks or litigation, you will find Ben appreciating a good Kiwi craft beer, a movie or two, or playing Dad to his two young sons.
 

Qualifications

  • LLB (Hons)
  • BA (Hons)
  • MSc
  • DipM
  • Acc.M.LEADR
  • AAMINZ
  • Barrister and Solicitor

Industry specialty

  • Agribusiness
  • Creative/Design/Media
  • Food and beverage
  • Natural products
  • Construction/Architectural
  • Consumer goods
  • Fashion

Services

  • Copyright
  • E-commerce and domain names 
  • Confidential information and trade secrets
  • Anti-counterfeiting 
  • Domain name disputes
  • Alternative dispute resolution
  • Litigation
  • Fair trading in New Zealand
  • Trade Marks - good brand
  • Designs - stylish products
  • Information sharing

Credentials & experience

Whether its disputes involving registered or common law trade mark rights, domain names, copyright rights, registered designs or confidential information, you name it, he can handle it. Ben confesses his particular 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 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). But that’s not even half of it - 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. 

On the international stage, 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. He also has topical articles regularly published on international platform Lexology. 

He is a Barrister and Solicitor of the High Court of New Zealand and holds a Bachelor of Laws with First Class Honours, a Bachelor of Arts (Honours), a Master of Science in International Marketing, and a Diploma in Marketing from the Chartered Institute of Marketing (UK). 

Industry recognition

Ben was the recipient of the Loman Friedlander Award (NZIPA) in 2010, as well as the Waikato Bay of Plenty District Law Society Gold Medal and the Auckland District Law Society Prize in 2009. Yep, we agree, it’s a pretty impressive set of accolades. 

He’s a regular contributor to the Waikato Business News with his very own column, “IP Matters”.  His articles are read not only by local businesses, however; they also attract a significant readership from professionals around the world. 

Ben is a member of the New Zealand Law Society, an accredited mediator of the LEADR Association of Dispute Resolvers (Acc.M.LEADR) and an Associate member of the Arbitrators and Mediators Institute of New Zealand (AAMINZ).  If you have a dispute, chances are Ben can solve it.

Auckland District Law Society Prize

Loman Friedlander Award

Accredited Mediator

Associate Member

But don't take our word for it



“Thanks so much for all the support and guidance that you, in particular, and the James and Wells team have provided us throughout the Timbalink / Timberlink dispute...Throughout a reasonably stressful, “out-of-comfort-zone” chapter for us, we’ve really appreciated your highly professional, prompt, yet accessible approach. We’re happy with the outcome of the settlement that you were instrumental in helping us get...” 

Jeanette Maclennan



“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.”

Michelle Beavan



"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