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Many New Zealand trade mark actions are lost due to poor or inadmissible evidence, which was demonstrated again in the recent New Zealand trade mark invalidity decision of Zhengtao Jian v Pit Viper, LLC [2021] NZIPOTM 21 (23 August 2021).

In this article, we discuss a rare and long-awaited New Zealand Intellectual Property (IP) court judgment, one that seems to have generated significant interest, Zuru New Zealand Ltd v Lego Holdings A/S (2025) NZCA 650...

Intellectual property can protect sources of competitive advantage and turn them into sustainable competitive advantage.

A recent New Zealand trade mark opposition decision indicates just how difficult it is to lodge evidence "out of time", demonstrating a distinction between Australian and New Zealand trade mark oppositions.

In this case, Amazon applied for removal of Unilever's New Zealand registration No. 74364 SURPRISE on the grounds of non-use.

Consider this: You are a New Zealand company which has been manufacturing a product (for argument’s sake, an agricultural implement) for over 30 years. You have enjoyed modest success and you are reasonably well known in the industry and amongst potential customers, but you are certainly not famous. On advice from your patent attorney you have taken the precaution of registering your name, Prosperity Group, as a trade mark.

As I discussed in an earlier article of 3 May 2019[1] SC Johnson and Son Inc (Johnson) applied to register the ZIPLOC trade mark in class 16, for plastic bags and related goods.

The New Zealand High Court decision in Leisureworld Limited v Elite Fitness Equipment Ltd, CIV 2006-404-3499, 21 July 2006 per Heath J, illustrated the ongoing conflict between the rights of New Zealand registered trade mark owners and the right to parallel import into New Zealand.

This case was a defence against an attempt to revoke the registered trademark for "BATTS" which was held since 1973.

Become aware of differences as well as similarities between the two cultures before beginning in the Australian market.

Maybe you should choose a new and original trade mark, that can then be well protected, enforced and which stands out.

Most entrepreneurs are aware that IP may be important to a business, but are not and cannot be aware of legal details.

Google Adwords® is a useful tool to help get your business's name to the top of Google's search engine rankings. Google Adwords allows retailers to purchase key words that consumers use to find their products online. So what do you need to think about when purchasing these key words?

When it comes to cosmetics and skin care, product presentation can be the difference between a customer choosing your product or not. While there will always be a portion of consumers who are fiercely brand loyal, there are still many shoppers who will be swayed by a pretty jar or an interestingly shaped bottle.

For many start up businesses intellectual property (or "intellectual assets") will be the key to the business.

Part 2 of the article presents the Shelston IP 2012 annual summary of the most important trademark cases in New Zealand.