Knowledge

30/10/14

Reebok runs afoul of the Australian Consumer Law

Reebok has been fined $350,000 for making misleading claims that its EasyTone shoes increased the strength and muscle tone of calves, thighs and bottoms more than traditional walking shoes. The high-profile action by the ACCC, which was splashed across Australian media last week, is a reminder to brands and advertisers that stepping out of line...

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Making a monkey out of copyright law

A ‘selfie’ snapped by a mischievous macaque who stole a photographer’s camera has demonstrated once again that there is no monkeying around when it comes to copyright law. Wildlife photographer David Slater was understandably miffed when Wikipedia denied his request to take down the photograph – which has since gone viral – on the grounds...

Trademarking the Rainbow

From Cadbury’s purple to Tiffany & Co’s robin egg blue, distinctive colours have become synonymous with the brands they represent. Branding – in particular colour – is a powerful form of consumer recognition and brand distinction. Thus, the legal protection of colours has on a number of occasions become a hot-headed issue as companies aggressively...

Bitter tweet – defamation in social media

140 defamatory characters posted in the Twitter-sphere could cost tens of thousands of dollars in damages, the New South Wales District Court has held. The case reignites the complexities of defamation law in a world where everyone is a publisher and information is disseminated across the globe at the click of a button. In the...

Kicking Goals in Ambush Marketing

With the FIFA World Cup fast approaching, the issue of ambush marketing is again at the forefront of discussion. Forming a key concern for event organisers, partners, sponsors and fans, ambush marketing is an attempt by a third party to create a direct or indirect association with a sport event or its participants without their...

Firm principal Stephen von Muenster recently attended Mumbrella’s CommsCon on 20 March 2014. He presented a question and answer session on ‘Managing Risk: How to keep your brand on the right side of the law.’ During this session, Stephen was asked questions relating to a number of legal areas. Below are some key take outs...

Online Reviews: Do Not Fake it Until You Make it

It’s Saturday night and you’re looking to try a new local restaurant, but which one? Smartphone in hand, you jump onto Yelp to assess the nearby options. You follow your app’s suggestion and try that new Japanese place with rave reviews. A few weeks later you’re dreaming of a weekend escape, but where to stay?...

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