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Talk to an Expert| Category | Assignment | Subject | Law |
|---|---|---|---|
| University | University of Auckland | Module Title | LAWCOMM 782 Trade Mark Practice |
| Course | LAWCOMM 782 Trade Mark Practice |
| Institution | University of Auckland, Faculty of Law |
| Assessment | Assignment Two: post-registration letter of advice |
| Word Limit | 3,250 words (5% leeway) |
| Due Date | Tuesday 27 October 2026, 12 noon |
| Submission | Online through Canvas, anonymised (student ID and LAWCOMM 782 in the header) |
| Referencing | Footnotes for case law and statute, New Zealand Law Style Guide |
LAWCOMM 782 Assignment Two is a letter of advice on enforcing registered ELBERT trade marks in New Zealand and Australia against a famous US snowboarder known as “El Bert” and her sponsor Burton. The facts raise non-use, renewal, timing and reputation issues, so the letter has to weigh enforcement options, risks such as revocation and counter-claims, and a recommended course of action.
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Talk to Our Law Assignment ExpertsIt is 20 March 2026. You are contacted by Joanna Turner, a well-known New Zealand freestyle skier from the early 2010s. In 2013 she set up a ski coaching business, ELBERT, which she ran through her company Joanna Turner Ltd (JTL). She later planned to expand ELBERT into ski equipment and ski clothing and designed a logo.
A serious skiing accident in 2016 led to ongoing concussion and the business was put on hold. When she looked to restart in 2020, snow resort operators in New Zealand and Australia began allowing on-mountain coaching only under their own brands, and in 2021 COVID-19 closed the ski slopes. In 2026 she has revived the 2015/16 logo and is planning skis, boots, helmets, gloves, jackets and pants, with a possible distributor in Australia.
Ms Turner is concerned about Elizabeth Bertrand, a US snowboarder and 2022 Olympic gold medallist known as “El Bert”, who appears regularly on New Zealand and Australian television and YouTube. Ms Bertrand has a commercial arrangement with BURTON, which launched a range of snowboards and clothing bearing an ElBert signature in the US for the 2025-26 season, and US resort safety videos feature her alongside the BURTON brand and the ElBert signature. Burton usually uses its Northern Hemisphere range in the following Southern Hemisphere season, so the ElBert range is expected in New Zealand and Australia soon, and samples may already have been imported. Neither Burton nor Ms Bertrand has registered or applied for any ElBert/ELBERT mark in New Zealand or Australia.
Write a letter of advice succinctly advising Ms Turner and JTL on:
Identify the assumptions made, further information you would seek, applicable timeframes, and reasons why some options might not be available on the facts. No further searches are needed; assume the registered marks and names above are the only relevant ones.
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