Ben Cain

Areas of Expertise

Fair Trade, Trade Marks, Copyright, Licensing & Commercialisation, Enforcement & Dispute Resolution, 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

Having spent 14 years as a professional marketer and brand design manager before qualifying as a lawyer, Ben’s passion is resolving disputes concerning registered or common law trade mark rights, domain names, copyright rights, registered designs, fair trading issues and confidential information.

Outside of work, Ben enjoys good Kiwi craft beer, supporting his favourite team, the All Blacks, and spending time with his family.


Before joining James & Wells, Ben worked in both the United Kingdom and New Zealand as a marketer for large organisations such as Raleigh Bikes and Boots Healthcare and as manager for two prominent New Zealand brand design agencies.

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.

Ben has been recognised by World Trademark Review 1000 for his expertise in enforcement and litigation. The guide states that Ben “is always very prompt in responding to requests and offers a balanced view of perceived and/or real risks”. His clients agree, 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