No two situations are the same, so it’s important to appraise each case on its merits and to tailor advice accordingly. That’s how Samantha Whittington, a Solicitor in AJ Park’s Auckland litigation team approaches her work.
Samantha helps clients to enforce and protect their IP rights, mostly for large international companies but also local clients and smaller, start-up type businesses. “I enjoy the variety of work and the interesting subject matter that we are regularly exposed to. It’s stimulating being around so many different ideas, products, businesses and brands. Generally-speaking, cases about copyright in trade marks are always interesting … Also comparative advertising cases – seeing examples of businesses using each other’s trade marks in advertising and figuring out whether it is comparative advertising or trademark infringement.”
Not everyone who infringes someone else’s intellectual property does so maliciously or even deliberately. “There can be a range of reasons why a person or business interferes with someone else’s rights. The infringement could be accidental, for example, or perhaps one party hasn’t understood what has been protected.”
Taking a mediation paper as part of her Masters studies encouraged Samantha to explore options and to take the time to really understand other points of view. “It’s about having a more pragmatic approach to problem-solving. Often, open and honest conversation can really help to resolve issues before they get out of hand. It’s all about the two Cs - communication and consideration - listening to concerns, carefully thinking about the best way to solve the problem for a particular situation and keeping those involved in the loop with what is happening.”
Samantha worked in a variety of mainly office-based roles before finishing her law degree. Her first job in IP was as a trademark secretary. After that, she began her Master in Laws with a focus on IP before starting with AJ Park.
Outside of work, Samantha enjoys spending time with family and friends. “Catch Me If You Can” is one of her favourite movies and she’s an avid fan of heavy rock and drum and bass.
Samantha Whittington's insights
Article \ 23 Mar 2021
Comparative advertising and IP
Comparative advertising can be an extremely effective business tool.
When done correctly, comparative advertising can:
enable consumers to make informed decisions about their…
Article \ 17 Nov 2020
The dance-off ends: a (partial) resolution to Fortnite’s slurry of…
Since its launch in July 2017, Fortnite has dominated the online gaming scene, gathering billions in revenue from in-game purchases much to…
Article \ 3 Aug 2020
New Zealand High Court decides cryptofunds are property
In New Zealand’s first significant cryptocurrency case, Ruscoe & Moore v Cryptopia, the High Court in April 2020 found cryptocoins constituted property…
Article \ 9 Jul 2020
Tiger King: Murder, mayhem and misuse of intellectual property
Hey cool copy-cats and kittens. The wild Netflix documentary series Tiger King offers a cautionary tale about misusing a competing business’s intellectual…
Article \ 16 Jun 2020
Change to non-use period for Australian trade mark registrations
For owners of Australian trade marks filed after 24 February 2019, you will now have a shorter timeframe to commence use of…
Article \ 21 May 2020
Planned changes to fees charged by the New Zealand Customs…
The New Zealand Customs Service (Customs) has fixed fees that it charges for clearing imported and exported goods (goods clearance fees). Those…
Article \ 8 May 2020
Further compliance costs coming to the world of online shopping
Online shopping platforms: could they become liable for counterfeit goods sold by third parties on their platforms? Under legislation introduced to the…