Tania Goatley

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Tania is an experienced commercial litigator, specialising in media and advertising law, food and beverage law, and intellectual property.

Tania advises on all aspects of advertising promotions, including impacts of the Gambling Act, Fair Trading Act and Privacy Act. She is also experienced in advising on food and wine labelling issues, involving advice on the Food Standards Australia New Zealand (FSANZ) Code, the Food Act, the Wine Act and related regulations and industry codes.

She has a strong media law background, advising on defamation claims, appearing in Court on name suppression issues, and providing media law training to journalists. She advises on all aspects of intellectual property law, including copyright, passing off and trade mark infringement disputes and litigation.

In addition to her particular areas of expertise, Tania provides general advice on commercial and contractual disputes and litigation with successful outcomes for her clients.

Chambers Asia Pacific 2023 ranks Tania as a leading lawyer for intellectual property and technology, media and telecommunications. The Legal 500 Asia Pacific 2024 recommends Tania for data protection, intellectual property and technology, media and telecommunications.

Tania is recognised as a media and entertainment lawyer of the year and trademark lawyer of the year in the Women in Business Law Awards APAC 2023 shortlists.

Tania is an active member of International Association for the Protection of Intellectual Property (AIPPI) and the Intellectual Property Society of Australia and New Zealand (IPSANZ).

Work highlights

Liability issues for FMCG companies
Advises fast moving consumer goods (FMCG) companies on liability issues; issues relating to food and drink packaging, labelling and advertising, including compliance with the Food Standards Australia New Zealand (FSANZ) Code, the Food Act and other related regulations and industry codes; and all aspects of sales, promotions and intellectual property.

Intellectual property
Advised Goodman Fielder and other FMCG clients on the intellectual property aspects of franchise agreements and assists in resolving disputes with current and former franchisees.

Frucor Suntory New Zealand (Frucor)
Advised Frucor producer of the classic V energy drink, in a dispute concerning Frucor’s trade mark registration for its distinctive ‘V Green’ colour.

PepsiCo Inc. and Frucor Beverages Limited
Advised PepsiCo Inc (as the manufacturer and distributors of Pepsi, Pepsi Max and 7UP in New Zealand) against claims by Coca-Cola that they had infringed Coca-Cola’s intellectual property rights. Coca-Cola alleged that Pepsi and Frucor had sold Pepsi, Pepsi Max and 7UP products in glass bottles that had the same characteristic shape and silhouette as Coca-Cola’s distinctive bottle. Trade mark infringement, passing off and breaches of the Fair Trading Act were alleged.

NZME
Advised NZME (the publisher of the New Zealand Herald, and the www.nzherald.co.nz news website) and also acted for Mediaworks (the broadcaster of TV3 and publisher of the www.newshub.co.nz news website) in a dispute with Sky Network Television Limited (Sky) in which Sky alleges that various media entities infringed Sky’s copyright in its broadcasts of sporting events

Privacy and cyber security advice
Assisted with cyber security breaches across multiple jurisdictions, and have advised on the first mandatory reportable privacy breach under the Privacy Act. Regularly advises clients on privacy and cyber security issues, including advising:

a client operating in the telecommunications sector as to how to deal with a breach that involved the public disclosure of phone numbers that were designated as ‘unlisted’.
the receivers of a New Zealand retailer that went into liquidation on how to deal with, use and protect databases containing customer information across multiple jurisdictions.
a multinational media company about its privacy and cyber security practices, including assisting to manage data security incidents and corresponding with official agencies to mitigate any fallout.

Key advisor to NZME (formerly APN)
Regularly vets New Zealand Herald and Herald On Sunday stories before publication and assists in defamation claims against the New Zealand Herald; including, in particular, the Simunovich proceeding, New Zealand's largest ever defamation case.

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Work highlights

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