Laura Carter

BA/LLB (Hons)

Laura Carter

BA/LLB (Hons)

Bio

Laura is an experienced litigator, with a strong record and reputation in civil disputes, particularly those relating to intellectual property.

Laura is a well regarded ‘safe pair of hands’ on a wide range of litigation matters. She has acted as counsel across a wide range of IP and other disputes, including in the High Court, all IPONZ matters and other contentious matters. She is a highly sought after and experienced junior counsel on substantial IP, commercial, and public law cases, including in the High Court and Court of Appeal.

Laura has worked on the following types of cases, as lead or junior counsel, or both:

• IP cases. IP cases are generally large and complex, involving significant commercial assets.

o Trade mark infringement advice, and litigation as necessary including -involving ownership questions, Māori IP, non-traditional trade marks, validity and distinctiveness issues.

o Breach of the Fair Trading Act and passing off advice, and litigation as necessary.

o Trade mark registrability advice and prosecution of difficult files, including hearings as necessary.

o Significant experience in trade mark oppositions, revocation and invalidity actions, including High Court appeals.

o Patent infringement advice and litigation as necessary.

o Patent opposition matters, including managing the day-to-day progress of a large suite of patent oppositions between major product manufacturers.

o Copyright subsistence and infringement advice, and litigation as necessary.

o Plant variety rights contentious issues.

o Issues involving breach of confidential information.

• Technology disputes, including cases involving significant technology development contracts before the High Court.

• General contractual disputes, including those resolved by arbitration.

• Public law cases – including as junior counsel on cases involving bill of rights, ACC, and Māori law. These cases have involved significant review of public agency decision making, as against fundamental rights and the agencies’ governing legislation.

• Waitangi Tribunal inquiries – as lead and junior counsel acting for claimants on a range of contemporary and historical inquiries.

Memberships

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

Notable Experience

This is a selection of the cases that Laura has acted on for which there is a publically available resolution:

Internet Services Australia 1 Pty Limited v The Net-a-Porter Group Limited [2024] NZIPOTM 7 – acting for the applicant in a successful defence of a trade mark opposition.

Muzzroom BVBA v GTL-Europe BV [2024] NZIPOPAT 1 – acting for the opponent in a successful opposition to a patent application (hearing only).

Brands Limited v Bed Bath n' Table Pty Limited (2023) 174 IPR 261, [2023] NZHC 1776 – as junior counsel, acting for the defendants in a successful defence of a trade mark infringement, passing off and breach of the Fair Trading Act claim.

Vision Personal Training Franchises Pty Limited v Dean Williams & ors [2023] NZHC 2848 – as junior counsel, acting for the plaintiffs in a successful application for an interim injunction.

Stabicraft Marine Limited v Sea King Boats Limited (2022) 169 IPR 182, [2022] NZHC 2447 – as junior counsel, acting for the defendants in a successful interlocutory application for the release of an item detained by Customs under the Copyright Act.

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 successfully defending 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.

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

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.

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.

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.

McGarvey v Temo [2007] BCL 820 – as junior counsel in a case involving tikanga questions relating to the validity of a will.

Laura Carter

BA/LLB (Hons)

Bio

Laura is an experienced litigator, with a strong record and reputation in civil disputes, particularly those relating to intellectual property.

Laura is a well regarded ‘safe pair of hands’ on a wide range of litigation matters. She has acted as counsel across a wide range of IP and other disputes, including in the High Court, all IPONZ matters and other contentious matters. She is a highly sought after and experienced junior counsel on substantial IP, commercial, and public law cases, including in the High Court and Court of Appeal.

Laura has worked on the following types of cases, as lead or junior counsel, or both:

• IP cases. IP cases are generally large and complex, involving significant commercial assets.

o Trade mark infringement advice, and litigation as necessary including -involving ownership questions, Māori IP, non-traditional trade marks, validity and distinctiveness issues.

o Breach of the Fair Trading Act and passing off advice, and litigation as necessary.

o Trade mark registrability advice and prosecution of difficult files, including hearings as necessary.

o Significant experience in trade mark oppositions, revocation and invalidity actions, including High Court appeals.

o Patent infringement advice and litigation as necessary.

o Patent opposition matters, including managing the day-to-day progress of a large suite of patent oppositions between major product manufacturers.

o Copyright subsistence and infringement advice, and litigation as necessary.

o Plant variety rights contentious issues.

o Issues involving breach of confidential information.

• Technology disputes, including cases involving significant technology development contracts before the High Court.

• General contractual disputes, including those resolved by arbitration.

• Public law cases – including as junior counsel on cases involving bill of rights, ACC, and Māori law. These cases have involved significant review of public agency decision making, as against fundamental rights and the agencies’ governing legislation.

• Waitangi Tribunal inquiries – as lead and junior counsel acting for claimants on a range of contemporary and historical inquiries.

Memberships

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

Notable Experience

This is a selection of the cases that Laura has acted on for which there is a publically available resolution:

Internet Services Australia 1 Pty Limited v The Net-a-Porter Group Limited [2024] NZIPOTM 7 – acting for the applicant in a successful defence of a trade mark opposition.

Muzzroom BVBA v GTL-Europe BV [2024] NZIPOPAT 1 – acting for the opponent in a successful opposition to a patent application (hearing only).

Brands Limited v Bed Bath n' Table Pty Limited (2023) 174 IPR 261, [2023] NZHC 1776 – as junior counsel, acting for the defendants in a successful defence of a trade mark infringement, passing off and breach of the Fair Trading Act claim.

Vision Personal Training Franchises Pty Limited v Dean Williams & ors [2023] NZHC 2848 – as junior counsel, acting for the plaintiffs in a successful application for an interim injunction.

Stabicraft Marine Limited v Sea King Boats Limited (2022) 169 IPR 182, [2022] NZHC 2447 – as junior counsel, acting for the defendants in a successful interlocutory application for the release of an item detained by Customs under the Copyright Act.

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 successfully defending 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.

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

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.

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.

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.

McGarvey v Temo [2007] BCL 820 – as junior counsel in a case involving tikanga questions relating to the validity of a will.