Partner

Ben Cain

Areas of Expertise

Fair Trade, Trade Marks, Copyright, Licensing & Commercialisation, Enforcement & Dispute Resolution, Design Registration, Anti-counterfeiting, Trade Secrets & Non-Disclosure, Domain Names
Qualifications & Memberships
  • Bachelor of Laws (Hons)
  • Bachelor of Arts (Hons)
  • Master of Science in International Marketing
  • Diploma in Marketing
  • Barrister and Solicitor of the High Court of New Zealand.
  • Member - New Zealand Law Society
  • Professional member - Resolution Institute (Australia and New Zealand)
  • Associate member - Arbitrators and Mediators Institute of New Zealand (AAMINZ)

About Ben

Ben is passionate about the creation and protection of IP rights and the role IP plays in generating and furthering economic success. Having spent over 14 years as a professional marketer and brand design manager before qualifying as a lawyer in 2010, he has acquired extensive experience in advising businesses of all types and sizes concerning registered or common law trade mark rights, domain names, copyright rights, registered designs, fair trading issues and confidential information.

Outside of work, Ben actively participates in local theatre, both acting in and directing plays. He is an avid fan of New Zealand’s national rugby team, the All Blacks, and father of two teenage boys.

Experience

Before joining James & Wells in 2009, Ben gained extensive experience in both the United Kingdom and New Zealand, beginning in sales and progressing into new product development and marketing roles with leading brands such as Raleigh Bikes, Sellotape, and Boots Healthcare (Nurofen). In 2001, he transitioned to the agency side, taking on senior account management positions at two prominent New Zealand branding and design agencies. This diverse background gives Ben a rare and valuable perspective, uniquely positioning him to advise clients on design-related legal matters.

Since 2009, 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 (IPONZ) and in .nz domain name dispute resolution proceedings. Having appeared in over 200 proceedings before IPONZ, he has significant knowledge of New Zealand trade mark law and IPONZ practice and procedure.

Ben 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.

Overseas, Ben regularly represents clients in trade mark proceedings before IP Australia and has represented clients in numerous .com domain name dispute proceedings administered by the World Intellectual Property Office.

Since 2020, Ben has been recognised by World Trademark Review 1000 for his expertise in enforcement and litigation. The guide has stated that Ben “is always very prompt in responding to requests and offers a balanced view of perceived and/or real risks”. His clients have agreed, saying “Ben has been championing the relationship between us and his firm for over a decade, providing service and advice of the highest standard. He has a detailed understanding of our business and the challenges we face; thus, he is instrumental in developing our strategy and provides immense value to us.”

Insights by Ben Cain