Biography

Garry Williams KC is a leading barrister specialising in commercial litigation, contentious intellectual property disputes, media law, and estates and trusts litigation.

Renowned for his strategic acumen, persuasive advocacy, and commitment to achieving outstanding outcomes, Garry has earned the trust of solicitors and clients alike across a diverse range of industries.

With over three decades of experience, Garry has acted in numerous high-stakes commercial disputes, including complex contract claims, shareholder disputes, defamation proceedings, and cases involving allegations of breach of fiduciary duty and fraud.

He has extensive experience in obtaining (and resisting) urgent injunctions (including search and freezing orders) to protect his clients’ commercial interests.

His ability to distil intricate legal and factual issues into compelling arguments has consistently delivered results, whether in court, arbitration, or mediation.

Garry’s expertise in contentious intellectual property litigation sets him apart. He has acted in significant disputes involving trade marks, copyright, patents, and trade secrets, representing clients in industries such as IT, pharmaceuticals, and creative media.

His deep understanding of intellectual property law, combined with his commercial insight, ensures he can protect and enforce clients’ valuable IP assets effectively.

In addition to his advocacy, Garry is a trusted advisor who works collaboratively with instructing solicitors to develop tailored strategies that align with his clients’ objectives. His approach is pragmatic and client-focused, balancing tenacity with an eye for resolution where appropriate.

The World Trade Mark Review named him in its list of leading trade mark practitioners saying he has an “impeccable reputation on the IP scene” and that “clients flock to Richmond Chambers’ Williams for his crystal clear plans of attack”.

It has also said: “Experienced advocate Garry Williams of Richmond Chambers has a broad civil litigation practice, but is best known as a media and IP ace”.

He is ranked in the Chambers Global and Chambers Asia-Pacific Guides as one of the leading IP silks in New Zealand.

Garry is on the Faculty of the NZLS Litigation Skills Programme and is a member of the Advocacy and Education Committees of the New Zealand Bar Association. He is also a member of the Board of the Harbour Basketball Association, New Zealand’s largest and most successful basketball association.

Recent Experience

RE BASMATI CERTIFICATION TRADE MARK (2024) Acting for the Crown in relation to its defence of the Government of India’s appeal of the rejection of its application for a certification trade mark in respect of BASMATI.

BLUE RIVER DAIRY LP v SPRING SHEEP DAIRY NZ LP (2023-2024) Acting for the appellant in relation to appeals concerning the successful opposition to the registration of the trade mark SPRING GOAT and the partial revocation of the trade mark SPRING SHEEP.

BOSS FIRE & SAFETY PTY LTD v TRAFALGAR GROUP PTY LTD (2024) Acting for the plaintiff. The proceeding alleges trade mark infringement and misleading and deceptive conduct.

TRAFALGAR GROUP PTY LTD v BOSS FIRE & SAFETY PTY LTD [2024] NZHC 982 Successfully acted for the respondent in this trade mark appeal to the High Court. The central issue was which of the parties had used the mark FYREBOX first in New Zealand.

STYLEZ LTD v NADENE LOMU [2024] NZIPOTM 33 Advising the applicant for invalidity, Stylez Ltd, in respect of its successful application to remove unauthorised JONAH LOMU trade marks from the Register of Trade Marks.

BREMWORTH LTD v PEBBLEMILL LTD [2023] NZHC 1059 Acted for the defendant in this High Court trial concerning allegations of misuse of confidential information relating to wool felting processes.

REMEDIATION (NZ) LTD v ENVIRO WASTE SERVICES LTD & ANOR (2021-2023) Acted for Enviro Waste Services defending a claim brought against it which alleged breach of contract, the Fair Trading Act 1986 and fiduciary duty.

HEALTHALLIANCE NZ LTD v HEWLETT-PACKARD NEW ZEALAND & ORS (2021-2023) Acted for the US-based second defendant, Capax Discovery Inc, defending claims of breach of contract alleged to have arisen in the context of a software licensing and support services agreement.

ENVIRO WASTE SERVICES LTD v REMEDIATION (NZ) LTD (2021) Acted for Enviro Waste Services in its claim by way of originating application for an order for possession of land.

MOLETA v DARLOW & ORS (2021) Acted for the Court appointed trustee and executor of an estate in proceedings involving constructive trust and Family Protection Act claims.

MAHARISHI FOUNDATION INC v BENNER (2020) Acted for the incorporated society that promotes transcendental meditation in New Zealand in respect of a claim to recover a domain name alleged to have been wrongfully retained by one of its members in breach of trust.

INTECH INC v SEALEGS INTERNATIONAL LTD (2020) Acted for a leading US supplier of amphibious seagoing craft and hovercraft in relation to a claim for breach of contract under the UN Convention on the International Sale of Goods.

DARLOW v MOLETA (2020) Acted for the Court appointed trustee and executor of an estate in proceedings for the recovery of 3 properties wrongfully transferred by the previous trustee and executrix to herself in her personal capacity in breach of fiduciary duty.

TECHNOPAK LTD v MONZEAL [2020] NZHC 1940 Acted for a leading manufacturer of automated machinery for the handling and conveying of powdered products in the dairy, infant nutrition and pharmaceutical industries. The claim is a copyright infringement claim relating to the alleged reproduction of unique bulk bag filling equipment by a competitor.

S C JOHNSON & SONS, INC v INTERNATIONAL CONSOLIDATED BUSINESS PTY LTD [2020] NZSC 110, [2019] NZSC 71, [2019] 3 NZLR 318, [2017] NZHC 3238 Substantive appeal to the Supreme Court on the question of the proper interpretation to be placed on s 68(2) of the Trade Marks Act 2002.

EIGHT MILE STYLE, LLC & MARTIN AFFILIATED, LLC v THE NATIONAL PARTY OF NEW ZEALAND [2019] NZSC 48, [2019] 2 NZLR 352, (2017) 127 IPR 318 This appeal to the Court of Appeal was significant as it identified the factors to be taken into account in assessing the quantum of damages payable by an infringer of copyright when the work in question is an iconic musical work (Eminem’s Lose Yourself).

DOUGIAMAS v BENNER (2017-2018) Invalidity action relating to the trade mark MOODLE®. The MOODLE® platform is the world’s leading online learning management system. The proceeding also involves claims of misleading and deceptive conduct, passing off and bad faith.

R McDONALD CO NEW ZEALAND LTD v MAVERICKS GROUP LTD (2017) High Court proceeding relating to alleged misrepresentations made by the defendants in connection with parallel imported WEBER® gas barbeques.

SEALEGS INTERNATIONAL LTD v ZHANG & ORS (2016) Complicated proceedings relating to whether or not the defendants had infringed the copyright in drawings of the plaintiffs’ amphibious boat system. Interim injunction sought and obtained by the plaintiffs. Design right and breach of confidence were also in issue.

Z v Y (2015-2017) Acted for a UK-based manufacturer of industrial equipment in respect of an international arbitration. The causes of action included copyright infringement, breach of contract and breach of confidence.

TOMTOM COMMUNICATIONS LTD v TOMTOM INTERNATIONAL BV (2014-2015) Acted for the leading international manufacturer and distributor of personal navigation devices in respect of an opposition to its application to register the trade mark TOMTOM in New Zealand.

COCA-COLA COMPANY v FRUCOR SOFT DRINKS LTD & PEPSICO INC (2011-2014) Successful defence of allegations that a unique bottle used by Frucor and PepsiCo infringed trade marks owned by Coca-Cola.

CLAGUE v APN NEWS & MEDIA LTD (2012) Successfully defended an urgent interim injunction application brought by the Executive Principal of Kristin, one of New Zealand’s most prestigious private schools, to prevent the publication of a news story relating to certain allegations being made by his former wife.

W v S (2012) Complex contractual dispute relating to whether or not the installation of a snack food manufacturing plant met specification. Successfully mediated.

INTELLECTUAL PROPERTY DEVELOPMENT CORPORATION PTY LTD v PRIMARY DISTRIBUTORS LTD (2007-2012) Successful trade mark infringement proceedings. Acting on behalf of the registered proprietor. The proceedings involved the taking of an account of profits and the judgments are the leading ones in New Zealand on this form of relief.

GRAHAM v COLENSO BBDO LTD (2012) Defending allegations of copyright infringement arising from the alleged unlicensed synchronisation of a sound recording with an internet and television commercial.

A v B (2011-2012) Multi-million dollar international arbitration between parties in the petrochemical drilling equipment industry.