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.”
When you have an idea for a new invention, it’s only natural you’d want to share it. Discussing your product or process with others can provide valuable feedback and help you work through any issues or concerns. But if you want to turn your idea into a profitable business, it’s essential to consider intellectual property protection before disclosing details.
14 June, 2021 Read moreIn pre-Covid days, if you created copyright works such as drawings or source code as part of your job, the odds are you would have done so during ‘normal office hours’. These days, many office-based employees now work flexible hours and work from home. As a result, ascertaining who is the owner of copyright in drawings or source code may be a little harder to discern.
24 May, 2021 Read moreIn the context of intellectual property (IP) rights, whether social media platforms are your friend or foe depends on two factors, how you manage the IP rights of your own business, and how you treat the rights of others. In this article, we focus on the two IP rights that feature most prominently in social media marketing – copyright and trade marks – and how these should be managed on social media
17 May, 2021 Read moreTrade mark rights are assigned from one owner to another all the time. However the assignment of an unregistered trade mark to another owner is likely to be invalid unless both the underlying goodwill in the business and the goodwill in the trade mark are assigned. Recent litigation between Kraft Foods Group Brands LLC and Bega Cheese Limited got at the heart of this issue.
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 more
