Knowledge

17/08/17

Challenge! A trade marks match

Rising tennis star Thanasi Kokkinakis has found himself off the tennis court and in the Federal Court, after international cereal giant, the Kelloggs Company (“Kelloggs”), served TJ Kokkinakis Pty Ltd (“Kokkinakis”) with legal proceedings in attempt to stop Kokkinakis from using his nickname ‘SPECIAL K’ commercially as a trade mark. A Trade Marks Warm-Up “A...

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“I am the Greatest” – when exaggerated claims in advertisements are misleading

Two leading real estate advertising companies have gone head-to-head in the Federal Court in the case of REA Group Limited v Fairfax Media Limited [2017] FCA 91 over an advertising campaign run by Fairfax Media (Fairfax) for their popular property destination, Domain. REA Group Limited (REA), who are associated with realestate.com.au, alleged that Fairfax had...

The commercial use of drones by brands and agencies has taken off over the past few years, yet navigating this legal and regulatory landscape is largely uncharted. As drone technology continues to advance through increased capabilities such as GPS, surveillance and live streaming, the commercial use of drones will pose further challenges for both businesses...

The key Terms and Conditions lessons learned from The Today Show scandal

The Nine Network has recently had to defend itself against allegations that its ‘Block of Cash’ giveaway is a scam, following the broadcast of a winner from their home almost immediately after they received a phone call notifying them that they had won the jackpot live on The Today Show. Media outlets, entrants and concerned...

Not Everything Is About You – Including Your Metadata

The full Bench of the Federal Court has ruled against the Australian Privacy Commissioner’s attempt to have metadata classified as personal information. In basic terms, metadata is data that describes other data. For example, information about the size, resolution and creation date of an image is metadata about that image. Personal information is defined under...

Too sexy? Cheeky ad frowned upon by Advertising Standards Board

Last month, the Advertising Standards Board (‘the Board’) faced complaints about a couple of cheeky advertisements depicting men in their budgy smugglers. The first ad was promoting Bundaberg Rum and featured a close-up of a man in Speedos with the headline ‘No one does Prime Ministers like us and no one does Rum like us’,...

What networks and production companies should learn from House of Hancock

In the wake of Channel Nine and CJZ’s apology to Gina Rinehart, production companies should be wary of the issues that landed these companies in hot water with the mining magnate. In this post, Stephen Digby explains the strategies required to avoid the same fate as TV series House of Hancock. After Rinehart’s successful legal...

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