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Articles by Hamish Selby
So whose copyright is it anyway? Yours, mine or ours?
The New Zealand Supreme Court has for the first time considered whether copyright constitutes "property" and "relationship property" under the broad definitions of the Property (Relationships) Act 1976 (PRA) in the context of settling the assets from a former relationship, namely artwork. Sirpa Alalääkkölä (Alalääkkölä) and Paul Palmer (Palmer) were married in 1997 and separated in 2017.
A burger with a side of trade mark law! | Lexology
Your business has spent lots of time and money developing, promoting and registering its brand. Job done right? Well, no, not quite. Like managing any key asset such as a house, there are several considerations to managing brands/trade marks, which once registered, every trade mark owner should be aware of. Use your brand Sounds simple, but if not used, registered trade marks can quickly become vulnerable to revocation as registrations operate on a 'use it or lose it' principle.
Businesses and their brands in the time of Covid and beyond | Lexology
New Zealand
June 26 2020 The COVID-19 pandemic has caused great upheaval to the world’s health and unfortunately its effects continue to ripple across the globe. The global economy is also potentially facing the threat of a recession worse than the Great Depression of the 1930s. During times of sudden change like the present pandemic, the last being the GFC, it is crucial for businesses to take stock of their key assets, including arguably their most valuable asset - intellectual property (IP).
Legal update on trade mark law | Lexology
New Zealand
December 18 2019 Changes to the Trade Marks Act 2002 come into effect on 13 January 2020, which will impact registered trade mark owners. The main changes are set out below: Shortened grace period for renewal of registered trade marks The grace period for late renewal of trade marks which expire after 13 January 2020 will be reduced to six months from the date of expiry. After the six month period has elapsed, the trade mark will be removed from the register irretrievably.
Trade mark registration - good reasons why you should do it! | Lexology
New Zealand
October 18 2019 A company’s name, and the names it uses for its goods and/or services are some of, if not the most valuable business assets a company may own. Yet while businesses invest significantly in their brands/trade marks (ie the terms are effectively interchangeable) through creative agencies, packaging and marketing campaigns when rolling out new brands or conducting brand refreshes, many do not then protect these valuable intangible assets via trade mark registration.
Too offensive to be a trade mark? | Lexology
New Zealand, USA
July 3 2019 Last week the internet was ablaze over Kim Kardashian West's announcement that she would shortly be launching her 'take on shapewear and solutions for women' under the brand 'Kimono'. A corresponding application to trade mark the word KIMONO (in a stylised 'bubble' font) for a variety of garments and accessories was filed with the US Patent and Trademark Office (USPTO).
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