Category:
Advertising, Communications, Media, PR & Creative Agencies

05/03/13

A Chilly Trade Mark Dispute in Our Backyard

Sydney’s favourite gelato shop, Gelato Messina, recently found itself in a sticky and not-so-sweet trade mark dispute. Last week Gelato Messina created the ‘Gaytime’ flavour as a tribute to both the Sydney Gay and Lesbian Mardi Gras and everybody’s favourite childhood ice-cream (in case you were hungry wondering, the flavour consisted of layers of caramel...

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Swimwear designer in hot water for slagging off Seafolly on social media

In the recent case of Seafolly Pty Ltd v Madden [2012] FCA 1346 (29 November 2012), the Federal Court found Leah Madden, principal designer of Australian swimwear label White Sands, liable for misleading and deceptive conduct and false representations under sections 52 and 53(a) of the Trade Practices Act 1974 (now sections 18 and 29...

Alcohol Promotions – Update

The NSW Office of Liquor, Gaming and Racing has issued a warning about irresponsible alcohol promotions. This was prompted by the banning of a promotion being run by a Kings Cross night club which aimed to “break the Guinness World Record for the most mojito cocktails made in one hour”. The Facebook marketing of this...

A picture paints 1000 defamatory words – Google liable for defamation for image search results

Music promoter Michael Trkulja recently successfully sued Google for $200,000 in relation to images published of him on the search engine’s results page. This case provides guidance on the circumstances in which internet intermediaries such as search engines, social media platforms and blogs can be held liable for a defamatory publication. Mr Trkulja, who was...

Lecture Title Falls Short

They were short, stout and furry-toed, and their bones were discovered on the Indonesian island of Flores in 2003. Their full name is Homo floresiensis, or Flores Man, but you might know them better as hobbits. However, with the new film ‘The Hobbit’ now hitting cinemas, a recent incident in New Zealand has provided a...

Tiger Airways Licks its Wounds After Fined for Spam

A leopard may not change its spots, but Tiger Airways has undertaken to ensure compliance with the Spam Act 2003 (Cth) after being found liable for spam. The Australian Communications and Media Authority (ACMA) took action against Tiger Airways Holdings Limited and its subsidiary Tiger Airways Australia Pty Limited for failing to unsubscribe customers from...

Cash for Tweets: What is the price you might pay?

In April of this year, the South Australian Tourism Commission (SATC) came under a media fire storm when it was exposed that they had paid celebrities to tweet about Kangaroo Island. Some examples of the tweets: “All this moving and dancing training! Think I need a break! I heard Kangaraoo Island is awesome! Thoughts anyone?”...

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