Nils Versemann

Following the decision of the Full Court of the Federal Court in the Lodestar Anstalt v Campari America LLC trade mark case, Nils worked with a federation of three not for profit entities to address the risk posed to their common trade marks. Those marks were held in a titular federal body and following the Lodestar case were at risk of having their registration challenged for non-use. Nils advised on a new structure involving the elimination of the federal body, new trade mark registrations and a cross-licensing of the trade marks between the three entities. This safe-guarded the ongoing registration of the trade marks and also set the parameters for the three entities dealing with each other going forward.

Nils helped a client when look-alike versions of its products were being sold in India, threatening relations with the local distributor. Nils was able to identify the Indian manufacturer and secure an undertaking not to produce any more look-alike products. However many of the products were already in circulation and listed by resellers on third party marketplace websites sites. Nils was able to persuade a number of the marketplaces to take down the offending listings on the basis of infringement of the client’s copyright in the product packaging. This was all achieved without having to resort to litigation and despite the client not having previously registered its copyright in India.

When a client’s trade mark application in New Zealand was blocked by an earlier trade mark registration belonging to a Japanese car manufacturer, Nils applied to revoke the car manufacturer’s trade mark on the basis that it been unused for the past few years. Nils was then able to negotiate for the car manufacturer’s consent to his client’s trade mark application, allowing the trade mark to be registered without having to continue pursuing the revocation application.