Ben specialises in resolving disputes concerning registered or common law trade mark rights, domain names, copyright rights, registered designs, fair trading issues and confidential information. His passion is resolving trade mark and domain name disputes, having spent 14 years as a professional marketer and brand design manager before qualifying as a lawyer.
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.”
Trade mark rights are assigned – transferred – from one owner to another all the time. How many trade mark owners know, though, that if they assign an unregistered trade mark to another owner, then not only do they have to assign the goodwill in that trade mark, they also, as a matter of law, have to assign the underlying goodwill in their business, too? If they don’t, the assignment is likely to be invalid.
1 April, 2021 Read moreIf used and managed properly, social media platforms can significantly contribute to brand growth. If not used and managed properly though, they can impede growth. Here are a few recommendations on how to get it right.
12 November, 2020 Read moreWhat happens to unclaimed IP when a company is removed from the Companies Register? In this article, we explore recent UK case law on the subject and advise companies with IP assets what to do in the event of removal.
7 September, 2020 Read moreA recent High Court decision emphasizes the importance of undertaking thorough due diligence when purchasing a business.
1 September, 2020 Read moreIn New Zealand, rights in product designs can be protected in two way. This article explores the main differences between copyright rights and registered design rights and how they can be used, independently and together, to stop infringement.
2 June, 2020 Read more
