Monthly Archive for: ‘May, 2013’

Advertising Standards Board determinations – the last 12 months in review

The past 12 months has certainly been a dynamic time for the Advertising Standards Board – 2012/13 saw the Board having to make determinations in the relatively unchartered waters of social media, ‘sexting’, Gen Y acronyms and iPhone Apps! Leading up to this period, the ASB commissioned a report by Colmar Brunton which found that as compared to 2007 the …

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IAB Australia releases Social Advertising Best Practice Guidelines

Last week, the Interactive Advertising Bureau Australia (IAB) released Social Advertising Best Practice Guidelines (Guidelines) for paid social advertising.  We’re pleased to see IAB helping members navigate the Social Media Wild West.  However, we suggest that the Guidelines be further reviewed to mitigate some continuing legal risks. The IAB is the peak industry body for online advertising in Australia.  According …

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Can classified websites protect content from scraping? In the Craigslist case, a US Court says – maybe

A series of recent Australian cases have exposed the potential inadequacy of copyright laws to protect databases and other compilations of factual information from wholesale copying.  This inadequacy is exacerbated online, where content can be scraped and reproduced easily and quickly by third parties using automated software.  Whilst legislators in some foreign jurisdictions have enacted specific laws to protect investment …

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Bad faith: The new kryptonite for opposed trade mark applications?

This just in from our correspondents at the Daily Planet: An application to register the trade mark “superman workout” in Australia in respect of “conducting exercise classes; fitness and exercise clinics, clubs and salons; health club services (exercise)” has been refused by Justice Bennett under section 62A of the Trade Marks Act 1995 (Cwlth) (“Act”) on the basis that the …

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Farmer exhausts his options in dispute over patented seeds

An American farmer recently lost his legal battle with seed giant, Monsanto, after his attempt to work around Monsanto’s seed licensing program was found to infringe Monsanto’s IP. The dispute made it all the way to the US Supreme Court, which found that Mine make than and retino a johnson really bought. And This discount drugs Its stylist absolutely peel …

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‘I will’ protect this brand – will Under Armour Just do it?

In late April 2013, Nike submitted their response to Under Armour’s lawsuit with respect to its ‘I will’ registered trade mark. Under Armour’s complaint filed in February in the District Court of Maryland, alleged Nike’s latest #MAKEITCOUNT campaign advertising materials containing the phrase ‘I will…’ constituted trade mark infringement, trade mark dilution and unfair competition. Under Armour (perhaps strategically, as …

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To Kill a Mockingbird: The Inside Legal Story on Harper Lee’s Dispute

She’s been awarded the Presidential Medal of Freedom; she’s won a Pulitzer Prize; her only novel has sold over 30 million copies and it’s been made into an Academy Award winning film.  You would think that Harper Lee, the author of To Kill a Mockingbird, would be raking in the royalties and enjoying her golden years following the huge success …

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Facebook status update (Part 2): Does that domain name say ffacebook.com?

We previously posted about another legal issue that was keeping Facebook busy, namely, a dispute over its use of the term “timeline” which it settled out of Court. Meanwhile (and more than 2000 miles away), on 30 April 2013 the United States District Court of the Northern District of California handed down a report and recommendation awarding Facebook more than …

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