Intellectual Property Litigation

Although never a first option, from time to time parties have to resort to litigation to enforce or defend their rights. When they do, McCabe’s attorneys provide some of the broadest range of IP litigation experience and support available.

Our litigation lawyers remain up to date with trends and developments in their respective IP subject-matter areas, and the law, so that we can advise clients when they get involved in a lawsuit, mediation, arbitration or appeal. Our goal is always to  provide our clients with practical options that best suit their business objectives prior to and during the course of litigation. We never litigate for its own sake, and will always search for commercial solutions that better serve our clients’ interests.

McCabe’s attorneys have handled cases involving:

• Trade mark infringement;
• Copyright infringement;
• Patent extensions, oppositions and infringements;
• Arbitrations and mediations;
• The Fair Trading Act;
• Confidential Information and Trade Secrets;
• Cybersquatting (under the US Anticybersquatting Consumer Protection Act);

Domain name disputes (under the Uniform Domain Name Dispute Resolution Policy (UDRP) New Zealand DRP and the Australian DRP.

Philip McCabe was the author of the IP segments of Sim’s Court Practice  – the guide to practice and procedure in the NZ High Court, and was involved in some of New Zealand’s leading cases on extension of patent term .

Peter Dengate Thrush practiced as a leading barrister at the IP bar for 25 years, and has appeared in all the New Zealand courts, including the Privy Council in London (now replaced by the New Zealand Supreme Court), and various specialised tribunals, including on instructions from the Crown.  He sat for many years as Chair of the Electricity Rulings Panel (the judicial body hearing cases under the New Zealand Electricity Code) and is a member of the NZ Copyright Tribunal. He has been appointed an Arbiter under the Arbitration Act by the Crown, and appeared as counsel in IP mediations.

Denis Tuffery has been involved in some of New Zealand’s leading patent infringement cases, and has appeared in many oppositions in the New Zealand and Australian Patent Offices.

Appellate Practice

These cases have involved appearances by McCabes attorneys in cases before the Patent Office, which have then gone on appeal to the High Court and some to the Court of Appeal. Other cases have commenced in the High Court and gone on to appeals.