Articles - Intellectual Property articles provided by AJ Park - The clear leaders in IP
Use it or lost it
The registration of your trade mark stakes your claim, but it is up to you to protect and enforce that claim. If you fail to use your trade mark in an appropriate fashion, it may be vulnerable to attack by others. MORE...
Tough times don’t last, tough brands do
Now, more than ever, companies need to continue investing in intellectual property (IP) protection so they will emerge from the current global recession stronger. Those that do not do this will take longer to recover, if at all. MORE...
A step closer to Madrid
Retailers with an eye on global expansion may find it easier to register their trade marks internationally once New Zealand joins the Madrid Protocol. MORE...
Don't under estimate the value of a search
Too many small businesses are exposing themselves to legal action by not making sure the names and trade marks they use on their products and services are available for them to use. MORE...
www.maori.co.nz vs www.māori.co.nz
With Māori Language week ending last Sunday, we can take time to reflect on how successful it’s been in aiding the survival and preservation of Te Reo Māori .
With the gift of hindsight, we can laugh at the complaints and objections to the use of Māori place-names in television weather reports. We can also look to the future and consider how a new proposal released by the Domain Names Commission (DNC) could impact on the use of Te Reo Māori on the internet. MORE...
With the gift of hindsight, we can laugh at the complaints and objections to the use of Māori place-names in television weather reports. We can also look to the future and consider how a new proposal released by the Domain Names Commission (DNC) could impact on the use of Te Reo Māori on the internet. MORE...
Tweaking parallel importation
Changes to the trade marks act are underway. One change aims to address the suspicion that trade mark registrations are being used to frustrate legitimate parallel importing and, when the change comes into effect, will help make things easier for the parallel importer. MORE...
Beat the green marketing blues
Green labelling is becoming an important marketing tool. A number of clothing brands are launching their own eco label ranges featuring sustainable materials, such as organically grown cotton, soybean fibre or bamboo. But before you jump on the ‘green bandwagon’, you need to think about the wording of your green claims and the impression they may make on consumers. MORE...
Intangibles as property and goods
Personal property law, especially as it relates to intangibles, is not in good logical shape. The property rights conferred on personal property have always been less than those conferred on land. For example, the right to exclude (or the “trespassory” right), is not usually available to personal property. MORE...
Doh! Krispy Kreme's new doughnut a no-no
Krispy Kreme’s decision to “put a smile on the faces of our customers” by paying homage to an iconic Australian biscuit has caused more than a few frowns at Arnott’s. Amanda Griffiths explains. MORE.. .
Making websites work for you
It is usual for retail businesses to only have one website to promote their products and services. But should you have more? Would having multiple websites dedicated to specific products and services help drive more business? MORE...
Green Label
How far can we go in our branding and advertising with this “green thing”? Here's a possible sales, brand or marketing strategy: We think we will appeal more to customers if we: put “Eco” into some of our product brand names, say our products are eco-friendly or eco-safe in our advertising and use New Zealand motifs that trade on our clean, green image. But how far can we take it? MORE...
Protecting brands that incorporate Maori culture
Maori culture is a distinctive and authentic culture. By incorporating Maori words, images, or patterns in your brands, you can add value and help create a point of difference for your business. However, when developing these brands, you must consider whether it is likely to be offensive to Maori. MORE...
Beware of the words you use!
There has been a string of recent cases involving FMCG companies using ‘descriptive’ terms on their products, only to discover these words actually belong to someone else. MORE...
Do you know what you own?
Copyright ownership is an important issue for all businesses. Yet many businesses know little about it. Luckily, gaining some knowledge about copyright ownership can help you avoid confusion and any unnecessary legal costs. MORE...
Understanding branding
The key to successful brand development is understanding the branding process. For long-term success, a business must create a brand that resonates with consumers. Before embarking on the path of brand development, spend some time thinking about. MORE...
What's next for copyright law?
Section 92A of the Copyright Act (not yet in force) is the provision that requires internet service providers (ISPs) to terminate the accounts of users who repeatedly infringe copyright. The government is redrafting the section in light of claims that s92A is unfair and unworkable. However, the problem that the government now faces is deciding what to replace s92A with. MORE...
Making accurate claims in cosmetic advertising
The cosmetics and toiletry industry in New Zealand has become increasingly competitive in recent years. With the entry of a prolific number of international and domestic brands, smart branding and advertising will help you to get an edge over your competitors. MORE...
Collaborative efforts
Combining your brand with someone else’s can be an excellent way of leveraging your brand into a new market, and expanding your customer base. MORE...
Reducing trade mark costs in recessionary times
In tough economic times it’s even more important to manage trade mark budgets. Marcus Woodhouse outlines some common strategies that trade mark applicants can adopt to minimise costs at each stage in the process. MORE...
Legal privilege - keeping matters confidential
Legal privilege protects communications between a lawyer and their client. But there are a number of instances where clients may unknowingly jeopardise their privileged information. Kate McHaffie discusses the ins and outs of legal privilege and how to avoid common mistakes. MORE...
Commercialising IP in a downturn
History tells us that great innovation can be born out of a recession. So how can businesses on both sides of the Tasman position themselves best for when better times return? Mark Hargreaves explains. MORE...
Invest in your business - do an IP review
Intellectual property (IP) reviews are becoming increasingly popular as businesses rely more on their IP for competitive advantage, and are looking for ways to improve their profitability in tough economic times. Matt Devine explains why doing an IP review makes good business sense. MORE...
Twelve reasons to register your trade mark
It is always important to consider registering your trade marks – they are after all one of your most valuable business assets. Deciding whether to register your trade mark can be a complex issue and you would be well-advised to seek specialist help. MORE...
It's only 'natural' - or is it?
‘Natural’ was the most popular claim made on food and beverage products around the world in 2008, according to global market researcher Mintel. MORE...
Who owns your logo?
Increasingly, businesses are becoming aware of the benefits of registering their trade marks, including logos. However, ownership of the separate copyright in logos is often overlooked. Businesses should carefully consider who should own the copyright in their logos. MORE...
Branding in 2009
In a worsening financial environment, companies have to be more innovative in order to stay afloat and preserve, or increase, market share. Those that are leaders, look to their IP as the best way of moving forward. MORE...
Don't get hoodwinked by domain name scams
Protecting the value of your sponsorship
Associating your FMCG brand with a sporting event or team can have significant benefits. Sponsorship provides an opportunity to raise the profile of your products outside of direct advertising. Sponsorship can shape and strengthen your brand by associating you with the reputation and the values of the event or team. MORE...
Section 92A of the Copyright Act
The Government has delayed bringing section 92A of the Copyright Act into force. Section 92A is the provision that requires internet service providers (ISPs) to terminate the accounts of users who repeatedly infringe copyright. MORE...
What's in a name?
Choosing the right brand requires you to keep your brand strong through consistent and proper use. MORE...
Brand investment in a recession
In times of a recession, the temptation is to cut all budgets. The marketing budget, including any costs associated with brand protection and investment, are usually the first expenses to be cut. But investment in your brand during economic downturn, including developing new branding and marketing strategies will strengthen your brand, improve customer loyalty, and increase your long-term profit margins. MORE...
Green washing: How to avoid it
Businesses making ‘green’ claims in their advertising should do so with care. It is vital that claims made are accurate and can be supported by evidence. A phone call you don't want to receive is one from the Commerce Commission. MORE...
IP myth-busting
As an intellectual property (IP) lawyer I am consistently surprised at the variety of IP myths that people in business commonly believe. I thought it would be useful to compile a list of the most common IP myths people often have and “bust” these myths once and for all! MORE...
What's in a name?
When manufacturers sell their retail outlets, both the seller and the buyer of that retail business have to think about how to deal with the retail shop name. MORE...
Part of a club?
If you belong to a club, association or organisation and want to promote your activities or membership to the public, then adopting and registering a collective trade mark may be an option for you. MORE...