Laura Carter

BA/LLB (Hons)

Laura Carter

BA/LLB (Hons)

Bio

Laura is a specialist in intellectual property disputes.

She has extensive experience giving advice on and acting on trade mark, patent, copyright, Fair Trading Act disputes and other intellectual property issues. She has regularly appeared before IPONZ, in the High Court, and in the Court of Appeal. Laura is a registered patent attorney (Australia and New Zealand).

Her experience includes:

• Extensive experience on trade mark matters, including:

– achieving registration for challenging trade mark applications, including registrability hearings

– trade mark opposition advice and management
– trade mark infringement and Fair Trading Act advice and litigation.

• Patent oppositions, infringement advice and litigation.

• Copyright advice and copyright infringement disputes.

• Breach of confidential information advice and disputes.

• Other areas of consumer law, including regulatory advice relating to pharmaceuticals, product safety and advertising.

Laura has also acted on a range of commercial and contract law disputes.

Laura has a strong background and interest in the law relating to Te Tiriti o Waitangi, including having appeared in numerous contemporary and historical Waitangi Tribunal inquiries as counsel for claimants.

Laura is the current president of the Auckland Women Lawyers' Association.

Memberships

  • Intellectual Property Society of Australia and New Zealand
  • New Zealand Institute of Patent Attorneys
  • Auckland Women Lawyers' Association
  • New Zealand Bar Association

Notable Experience

These are some of the intellectual property cases that Laura has acted on:

NBA Properties, Inc v Monster Energy Company [2020] NZIPOTM 1 – acting for the applicant in a trade mark opposition, including obtaining increased costs (written submissions only).

Rapid Labels Ltd v Excel Digital Ltd [2019] NZHC 2522 – as junior counsel, acting for the plaintiff in an interlocutory application on a trade mark infringement and breach of the Fair Trading Act complaint.

Tracklok Ltd v T & R Interior Systems Ltd [2019] NZHC 1331 – as junior counsel, acting for the defendant in an interlocutory application on a copyright and breach of confidential information claim.

International Consolidated Business Pty Ltd v S C Johnson & Son Inc [2019] NZCA 61, 144 IPR 171, [2019] 3 NZLR 318 – as junior counsel, in relation to an appeal focussed on novel areas of trade mark law about ownership and relevant dates.

Beiersdorf AG v Unilever Plc [2019] NZHC 44 and Beiersdorf AG v Unilever plc [2017] NZIPOTM 18 – as counsel on an IPONZ decision and appeal acting for the applicant for the BLACK & WHITE trade mark.

Sea World LLC v Sea World Management Pty Ltd [2018] NZHC 1995 – as counsel on a trade mark opposition appeal.

Re New Zealand Institute for Plant and Food Research Ltd [2018] NZIPOTM 20 – a trade mark registrability decision.

Target Australia Pty Ltd v Target New Zealand Ltd [2018] NZIPOTM 16, 145 IPR 569 – acting for the applicant in six trade mark revocations.

GD Express Carrier Berhad v Federal Express Corporation [2017] NZIPOTM 31 – acting for the applicant in a trade mark opposition.

ResMed Ltd v Fisher & Paykel Healthcare Ltd [2017] NZIPOPAT 9 and Resmed Ltd v Fisher & Paykel Healthcare Ltd [2016] NZIPOPAT 21 – as junior counsel, in a series of procedural disputes in relation to a large number of patent opposition and patent infringement cases.

Liang v Condon [2017] NZIPOTM 7 – acting for the owner in a revocation action (hearing only).

North Face Apparel Corporation v Sanyang Industry Company Ltd [2014] NZCA 398 and The North Face Apparel Corp v Sanyang Industry Co Ltd [2012] NZHC 2259 – as junior counsel in a trade mark opposition focussing on novel questions of trademark ownership.

Ceres Enterprises Ltd v William Aitken & Company Ltd [2014] NZIPOTM 34 – acting for the applicant in a trade mark opposition.

Ecolab USA Inc. v Johnson & Johnson [2014] NZIPOTM 29 - acting for the applicant in a trade mark opposition.

Coca-Cola Company v Frucor Soft Drinks Ltd [2013] NZHC 3282, 104 IPR 432 – as junior counsel for the plaintiff in a trademark infringement, breach of the Fair Trading Act and passing off claim relating to a shape trade mark.