Waikato Business News October/November 2020

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28 WAIKATO BUSINESS NEWS October/November 2020 IP and social media - mind your T’s, C’s, P’s and Q’s INTELLECTUAL PROPERTY ISSUES > BY BEN CAIN Ben Cain is a Senior Associate at James & Wells and a Resolution Institute-accredited mediator. He can be contacted at 07 957 5660 (Hamilton), 07 928 4470 (Tauranga) and benc@jaws.co.nz. Social media is a powerful marketing tool. Just ask all those small businesses who have signed up this year to Facebook groups like Chooice (originally called New Zealand Made Products). If used and managed properly, platforms like Facebook can significantly contribute to brand growth. If not used and managed properly though, they can impede growth. From an IP perspective, managing social media is just as important as using social media. Here then are a few things I recommend businesses do. 1. Mind your T’s Your principal trade marks – be they names or logos – should be registered. They should be registered not just because registration of a trade mark provides the best protection against infringers, but because registration is very important when it comes to enforcing trade mark rights on social media. Registration is very important because the online complaint forms used by Facebook, Instagram, and Twitter, for example, all request registration details. If your trade mark is not registered, you risk any complaint you make against unauthorised use of your trade mark – by a competitor or influencer, for example – not being upheld and the unauthorised use continuing. 2. Mind your C’s Copyright works include logos and photos, as well as sound recordings and films. Logos, photos, music and videos are all used extensively on social media – sometimes, however, without the copyright owner’s permission. When this happens, it is important for copyright owners to assert their rights. The requirements for enforcing copyright rights on social media are very similar to the requirements for enforcing trade mark rights: you must provide details of your copyright work and an authorised example of your copyright work in action. If you can’t readily provide these, as with unregistered trade marks you risk your complaint not being upheld and the unauthorised use of your copyright works continuing. 3. Mind your P’s You should get permission if you want to use another company’s logo or products in your social media content. If you don’t get permission, you will infringe copyright in that company’s logo and could be in breach of the Fair Trading Act for giving a false or misleading impression that the brand owner has approved your use of their product. 4. Mind your Q’s New Zealand is a liberal, multi-cultural country, with many different ethnicities. Businesses should give plenty of quarter then to Principle 1 of the Advertising Standards Code: “Advertisements must be prepared and placed with a due sense of social responsibility to consumers and to society”. Businesses who don’t give any quarter to this principle could find themselves not only on the end of a complaint to the ASA, but also at risk of losing customers. And which business at this moment in time wants that? Finally, I would like to wish all readers a safe and happy Christmas, and a healthy 2021 Premier offering in premier location 2nd floor, 24 Anzac Parade, Hamilton East • 655sqm of modern office plus 36sqm balcony (approx.) • On-site car parking • Available early 2021 bayleys.co.nz/2311734 Price by Negotiation Rebecca Bruce 021 063 5165 rebecca.bruce@bayleys.co.nz Jordan Metcalfe 021 0847 8920 jordan.metcalfe@bayleys.co.nz SUCCESS REALTY LIMITED, BAYLEYS, LICENSED UNDER THE REA ACT 2008
CORPORATE GIFTING Waikato eatery celebrates 10 years In a year that has rocked the hospitality industry, Tamahere’s Punnet Eatery has something to celebrate. WAIKATO BUSINESS NEWS October/November 2020 29 Haley Bicknell, owner/operator This year marks 10 years in business for the popular eatery - a feat for any business, let alone one in the midst of a global pandemic. Set in the surrounds of the Newell Road Strawberry Farm on the outskirts of Hamilton, the eatery is known for its family-friendly fare and fresh, seasonal menu. Owner-operator Haley Bicknell says she’s proud to be celebrating a decade of Punnet and is looking forward to formally recognising the occasion in November. “We have created something really special here and in turn cemented ourselves within the Tamahere community and wider Waikato. Ten years reflects a great deal of effort, passion and contribution from many people as well as the support of our incredible customers.” Bicknell took the helm back in 2013, taking over from her parents, Gary and Pam McMahon, who run the strawberry farm. She saw it as her opportunity to join the family business. During her time as owner-operator she’s focused on refining Punnet’s offering and pays credit to head chef Sophie Beck. “Sophie’s cuisine is something really unique – it’s both homely and refined. Sophie’s expertise and leadership in the kitchen have been a real asset to the business for the past two years.” Bicknell says staffing is the key ingredient to any successful hospitality. “It’s really rewarding to continually be able to celebrate the teams ‘punniversaries’ – with members passing two, three and four years here – which anyone in the hospitality industry would know is rare.” Bicknell moved from Hamilton into the Tamahere community a few years ago and says that has been a highlight of her time at Punnet. “Joining the community that I have worked so hard to serve and contribute to for the past seven years was really poignant for me. It’s a special place to be and I find it really motivating to be able to add value to my community.” She is also thankful to be working alongside her family, with not only the Strawberry Farm a family business, but the store next door - Country Providore - owned and operated by her sisters, Emma and Kate. From left, Emma Gethen, Gary McMahon, Pam McMahon, Haley Bicknell, Kate McMahon and all of their respective children “We Do It All Instore - Retail, Repairs, Remodelling, CAD & Hand-made Jewellery Manufacturing” Come and see us at our new premises at 427 Victoria Street, Just 2 doors down from our previous Victoria Street store! We now have a bigger brighter, more inviting store for a better viewing experience! With the same great service, friendly advice, high quality jewellery, repairs and manufacturing instore, as always. Visit us in our two locations: 427 Victoria Street, Hamilton | 07 838 3418 Chartwell Shopping Centre | 07 852 5341 www.goldsmithsgallery.co.nz
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Waikato Business News October/November 2020

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