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Publications

How do Start-up Businesses Raise Money?

When someone invents a new “must-have” piece of technology, writes some ground-breaking software, or devises a brilliant solution to a world-wide need, it is incredibly exciting.

  • 7 February 2010
  • Author: Geoff Hardy
  • Number of views: 1798
  • 0 Comments

Visions of celebrity status or an early retirement on the super yacht surrounded by Playboy bunnies or toy boys come flooding in. All they have to do is tell the world about their product or service, and the world will beat a path to their door. Or so they think.

You Can't Always Trade Under Your Preferred Name

There have been a number of high profile cases recently where New Zealand businesses have got into a scrap with another business over the name they choose to trade under.

  • 22 July 2009
  • Author: Geoff Hardy
  • Number of views: 2071
  • 0 Comments
You Can't Always Trade Under Your Preferred Name

A few years ago, the UK-based department store Harrods pressured a small New Zealand trader to stop carrying on business under the same name. 

Then Pokeno-based lingerie retailer JenniferAnn.com had a similar run-in with a competitor over their use of confusingly similar names, and in 2005 Auckland fashion icon Trelise Cooper settled out of court with Arrowtown-based accessories seller Tamsin Cooper

Closing the Parallel Importing Loopholes

We are all familiar with the concept of parallel importing

  • 9 May 2008
  • Author: Geoff Hardy
  • Number of views: 1892
  • 0 Comments
Closing the Parallel Importing Loopholes
It is when someone who is not the official distributor of a product in New Zealand, acquires that product from an official distributor in some other country, and brings it in here. In essence, the official New Zealand distributor and the parallel importer are importing the products side-by-side, or “in parallel” with each other.

Be Wary Of The New Spam Laws

On 5 September 2007 the Unsolicited Electronic Messages Act 2007 (often referred to as the anti-SPAM Act) came into force.

  • 28 August 2007
  • Author: Geoff Hardy
  • Number of views: 1554
  • 0 Comments
Be Wary Of The New Spam Laws
If you’re sick of the daily download offering cheap software, quack medicines, Russian girls, and penile enhancements, then you might welcome this law.

Protecting your Brands, Logos and Trade Marks

In the psychology of consumer marketing, it is amazing how powerful a well publicised brand can be.

  • 5 April 2004
  • Author: Geoff Hardy
  • Number of views: 1609
  • 0 Comments

A brand, logo or trade mark that is readily recognised by customers can generate feelings of comfort, security, safety, reliability, value, trust, loyalty, and a host of similar positive sentiments, whether or not those beliefs have any rational basis. 

Your Potential Liabilities As A Website Owner

Websites are increasingly becoming a very valuable business tool.

  • 6 February 2003
  • Author: Geoff Hardy
  • Number of views: 1381
  • 0 Comments
Your Potential Liabilities As A Website Owner
However they come with some potential fishhooks, so it pays to set them up correctly and monitor them on a regular basis for legal compliance. In New Zealand the primary risks that a website owner or host faces are breaching privacy laws; infringing or authorising infringements of a third party’s intellectual property rights (eg. copyright or trade marks); making or publishing defamatory statements; and contravening consumer protection law. The New Zealand statutes that have the greatest relevance are the Privacy Act 1993, the Fair Trading Act 1986 and the Consumer Guarantees Act 1993. For summaries of each of these Acts, contact me for a recent newsletter on the subject.

Do You Own Any Copyright?

I guarantee you own some copyright.

  • 9 July 2002
  • Author: Geoff Hardy
  • Number of views: 1256
  • 0 Comments

In fact, I expect you own millions of copyrights. Whether they are of any value, of course, is another story. But if a three paragraph business letter can be protected by copyright (as it was in a 1925 British case), then most if not all of the writing, illustrations or objects you have created throughout your life, are probably protected by copyright. What does this mean? It means you can stop someone else copying them, assuming of course that they would want to. They might not want to copy your childhood finger paintings or your letters to Aunt Maud, but they could well want to copy your latest research report, product design, custom-made accounting soft-ware, distribution agreement, customer database or advertising jingle. And that is where copyright can be valuable.

The Law on Parallel Importing

Parallel importing is all about Copyright law.

  • 3 May 2002
  • Author: Geoff Hardy
  • Number of views: 1328
  • 0 Comments
Copyright law is part of intellectual property law, which also deals with registered designs, plant varieties, trade marks and unfair competition, and patents.
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