Innovative Legal Solutions

Scott Goodwin


Qualifications

BA LLB

Contact Details

331 Rosedale Road, North Harbour
PO Box 302 558
North Harbour
Auckland
New Zealand

Phone: +64 9 915 4380
Fax: +64 9 915 4389

Email:  scott.goodwin@davenportsharbour.co.nz

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Scott is a Franchise Law Specialist

Scott joined Davenports Harbour in 2006 and has been a partner of the firm since 2009. 

Scott provides strategic commercial advice to a wide range of businesses on all aspects of franchising with a particular focus on creating “bankable” franchise arrangements.

He is recognised by key service providers and bankers to the franchise industry as a leader and specialist in his field and through these strategic alliances he is able to add value to his clients far beyond the provision of legal services.

Scott is part of a franchise leadership group made up of key industry service providers, bankers and the Franchise Association of New Zealand, all of whom have been instrumental in establishing New Zealand’s first bi-annual franchise survey in conjunction with Massey University.

He also assists clients with the creation of intellectual property bunkers so as to put in place effective structures for the protection of all aspects of his clients’ intellectual property relevant to the franchise system.

Scott has provided effective strategies for the protection of trade marks, logos and brands to his clients in both New Zealand and Australia and has project managed the global protection of trade marks. 

Areas of Expertise

Franchise Law

Intellectual Property

Commercial Law

Securities Law

Retirement Village Law

Recent Work

Assisting a client with the completion of a high level due diligence investigation relating to the $6million acquisition of a “going concern” master franchise opportunity for an internationally recognised “coffee” franchise.

Negotiating a master franchise agreement and regionalising sub-franchise and offer documentation for a New Zealand based client relating to a UK based franchise opportunity.

Advising a client on the proposed acquisition of a master franchise opportunity to export a New Zealand based system into Malaysia – including liaising with a Malaysian based solicitor experienced in franchising.

Assisting a franchisor with the performance management and subsequent termination of a multi site franchisee including creating a commercial solution to mitigate the exposure of the franchisee's bankers and suppliers.

Assisting a regional master franchisee with the acquisition of a franchisor's intellectual property including the subsequent review of the franchise structure and redrafting of appropriate franchise documentation.

Assisting a franchisor with achieving the mutual surrender and termination of its poor performing master franchisee without resorting to litigation.


News & Events
Fonterra comes out on top over "TIP TOP" trademark 08/02/2012
A Dunedin CafĂ© has just lost its battle with Fonterra Brands (Tip Top Investments) Limited (“FB”) to register its trade mark “TIP TOP” in... read more more
AMI Loses Case to Register "MY" Trade Marks 18/11/2011
A trade mark cannot be registered in New Zealand unless it is distinctive of a single trader’s goods or services. As such, it must be unusual... read more more
The Trade Marks Amendment Act 2011 – Importance of Registering Your Trade Marks Now 16/11/2011
The Trade Marks (International Treaties and Enforcement Amendment) Bill received royal assent on 15 September 2011 and is now called The Trade... read more more
New Precedent Franchise Agreement – Warning One Size Seldom Fits All 06/04/2011
The Auckland District Law Society has just announced that a precedent franchise agreement will shortly be available for the first time in... read more more
Can You Trade Mark Descriptive Words? 28/03/2011
A trade mark is designed to enable businesses to distinguish their product or services from similar products or services offered by their... read more more
Understanding the Value of Intellectual Property for Your Business
Intangible Assets, it is stated, now make up 80% of the value of a business and as such, it is important for any business to know what its... read more more
Grow Your System by Creating Bankable Franchise Arrangements
Franchising is currently in a state of flux.  In particular, the recent recession has meant that a number of once successful franchise... read more more
Can You Say "Hand On Heart" That You Know Exactly What Intellectual Property Your Franchise System Has?
Can You Say "Hand On Heart" That You Know Exactly What Intellectual Property Your Franchise System Has? Do you realise that the most... read more more
Is Your Franchise System Going On Its OE?
If so, what export method are you using and is it appropriate for your target country? Introduction There are five recognised methods in... read more more
Franchisors Beware - You May Be Liable for the Acts of your Franchisees
What Can You Do to Protect Yourself? Mistake Often Made By Franchisors As a franchisee operates as an independent business owner, many... read more more