Mark Gavin
Partner
- Mark Gavin
- Partner
- Auckland
- Intellectual Property | Litigation | Retail | Food & Beverage | Automotive | Privacy
Mark advises clients on all aspects of intellectual property and IP litigation. He has wide experience of copyright, trade marks, brand protection, design, passing off, Fair Trading Act and confidential information disputes and advises extensively in those areas. Mark has further specialised in consumer law, privacy and food expertise. He has advised extensively on food law, food labelling and code compliance, nutritional claims, the development of new products and product recalls. He also has experience in advertising law, in particular the ASA Codes and complaints processes.
Mark acts for a number of leading New Zealand and international clients dealing in such diverse areas as FMCG, liquor, the fashion and advertising industries.
Awards
- The 2021 Chambers and Partners Directory ranks Mark as one of the top two IP lawyers in the country. Ranked in Band 1, the directory states Mark is "top-flight intellectually, debates and argues very well, writes very clearly, and is easy to get on the same wavelength as," goes on to say: "He is timely, efficient, very smart, gets to the point and knows the court really well. I have enormous confidence working with him; I think he's excellent."
- In 2021, The Legal 500 Asia Pacific Guide recognised Mark in their prestigious Hall of Fame. The Hall of Fame highlights individuals who have received constant praise from their clients for continued excellence.
- Mark was named as a leading lawyer in intellectual property in the 2018 Doyles Guide.
Experience
- Acting for Fairfax Media on the proceedings brought by Sky Network Television in relation to alleged copyright infringement of Olympic coverage both in successfully opposing urgent interim injunction during the Olympics and the proceedings that followed.
- Acting for TVNZ in parallel proceedings brought by Sky in relation to rugby coverage.
- Acting for members of the RIAA in ongoing litigation involving the freezing of the assets of Megastuff Limited, Kim Dotcom and related parties in relation to alleged copyright infringement through the operation of Megastuff’s file sharing website prior to its shutdown by the US Government.
- Acting for LG Electronics in High Court proceedings between LG and a New Zealand distributor of air-conditioning products over the relevant distribution agreement and related issues.
- Acting for Napier Tool & Die Ltd in overturning, in the High Court and Court of Appeal, and in a further High Court trial on a copyright infringement damages claim.
- Acting for a number of leading brands of their anti-counterfeiting activities in New Zealand.
- Advising a leading retailer on brand protection strategies as well as specific IP related issues
- Advising a Government agency on an innovative TVC, using third party imagery and IP.
Credentials
- LLB (HONS), University of Auckland
Admitted
- 1986 (New Zealand)
- 2001 (New South Wales, Australia)