Archive | Legal

Can I copyright that?

The recent discussion about “copyrighting” the Tino Rangatiratanga flag gives a good example of what intellectual property (IP) rights might exist in a design such as a flag and what steps should be taken to protect those rights.

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Some valuable lessons about trade mark protection from Ruby

Late last year there was quite a bit of commentary in the media and various blogs about the position Ruby Apparel found themselves in after the Commissioner of Trade Marks registered the trade mark RUBI SHOES in the name of Cotton On Clothing…

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Brand protection law 101

No matter what you produce – whether its haircuts, hamburgers, web pages or (the proverbial) widgets, if you haven’t got the competitors clawing at your coat tails … its probably because they’re out in front.

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How to avoid a Personal Grievance when you suspend an employee

If an employee has done something which could amount to misconduct, then the last thing you want is for that employee to attempt to wriggle off the hook because you have made a procedural mistake by suspending the employee from work.

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Why you shouldn’t copy someone else’s terms of business

Your terms of business is the most important document in your business. It dictates how you interact with your customers…and it’s your customers that make you money.

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How to protect your IP being stolen by your employees

How would you feel if someone broke into your house and stole your TV, stereo, DVD player, furniture, CD collection and some very personal items of jewellery?

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Why Business Tenants should proceed with caution

With commercial vacancies in New Zealand’s main commercial centres tipped to go above 10%, many businesses may be tempted to get bigger or better premises, or open up new offices to take advantage of lower rents.

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Do you give a refund or not? Recent case makes it easier for retailers

Since Martin sold his stereo to consumers (and not businesses) his sales were governed by the Consumer Guarantees Act (CGA).

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How directors can prevent themselves being liable for their company’s debts

If you have decided to incorporate your business the chances are that you will have appointed yourself a director of the company. In simple terms, your duty as a director is to ensure the company is well run.

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How to stop your business partner ripping you off

How Laura ended up in this mess. Laura and Sarah had met when they were working for their former employer. During that time they had come up with a unique idea for a business.

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Why you must choose the right employment agreements for your staff

Most business owners know that it is against the law not to have a written employment agreement with their staff. However, what many business owners don’t know is that there are 4 different types of agreement to choose from …

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How to decide when you need a written agreement

Lawyers are trained to be thorough and like to cover every possible eventuality. No lawyer wants to be sued for professional negligence …

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Twitter & Defamation – a timely reminder

Having just signed up for Twitter, I was very recently contemplating the implications of defamation laws on Twitter users, and the potential for seemingly limitless liability.

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Why you can’t just fire an employee at the end of a probationary period

Bob was fed up with hiring the wrong staff. Twice he had his fingers burnt. The first time he ended up defending a personal grievance…

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Why not having a contractor agreement could cost you thousands of dollars

Normally a letter postmarked “Employment Relations Authority” would fill Peter with dread. But this time it…

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Will your Health and Safety Policy save you from prosecution?

The metal stake had pierced his right side, gone through his torso and was now protruding from his stomach.

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Why you must choose the right employment agreements for your staff

Most business owners know that it is against the law not to have a written employment agreement with their staff.

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Posted in Legal, Management1 Comment

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