Category Archive for: ‘Marketing and advertising’

King.com is King of ‘Candy’: Candy Crush Saga Developer Granted US Trade Mark

Candy Crush Saga, the brightly-coloured and highly addictive social game, followed the lead of other popular games, such as Angry Birds, to become an online phenomenon of its own. As one of the most popular online games and phone apps, it is no wonder that its developer, King.com Limited, has recognised the value of protecting its brand (they’re not alone – see …

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High Court bundles up TPG with a $2 million penalty for misleading advertising

The High Court’s reasons for judgment in ACCC v TPG Pty Ltd [2013] HCA 54 serves as a warning to advertisers that campaigns designed to emphasise the most attractive component of an offer must be carefully designed so not to have the tendency to mislead and deceive consumers.  The lesson for advertisers is to ensure that the dominant or headline …

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Storm in a Coffee Cup – Starbucks v “Charbucks”

In the latest instalment in a long-running trade mark battle in the United States, the US Court of Appeals has upheld a decision that the use of “Charbucks” in relation to coffee did not violate Starbucks’ registered trade marks. In 1997, U.S. Black Bear Micro Roastery (whose coffee is apparently unusually darkly roasted) developed a dark coffee blend which they …

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Da ALDI Code: ALDI and the new Grocery Code of Conduct

The Australian Food and Grocery Council and Australia’s two largest supermarket retailers, Coles and Woolworths, have reached agreement on the terms of a new Food and Grocery Prescribed Industry Code of Conduct (the “Code”).  ALDI has thus far refused to sign up to the Code. The new voluntary Code covers several aspects of supermarket regulation including Grocery Supply Agreements and …

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ACCC releases best practice guide about online reviews – for businesses and review platforms

On Tuesday, the ACCC released best practice guidelines about online reviews for businesses and review platforms. The Guidelines provide detailed practical examples, making clear the types of conduct the ACCC views as potentially misleading. It should be considered by any companies which host online reviews on their own sites, or rely on customer testimonials or reviews, whether on their own …

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The internet just got bigger: Further developments in the gTLD space

New domain spaces are in the process of being introduced.  Over the past few weeks, the first “sunrise” periods have opened for new domain name spaces called generic top-level domains (gTLDs).  ICANN has also delegated the first four of its new gTLDs by introducing them into the Internet’s Root Zone. Businesses and brand owners should take care to make sure …

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‘Mickey Mouse’ horror film escapes trade mark litigation

Film buffs, roll up! Despite the fact that it probably isn’t showing at your local MegaPlex, Randy Moore’s latest indie horror film ‘Escape from Tomorrow’ has garnered a considerable amount of media attention. Shot on Disney soil without permission, it features iconic (and copyrighted) Disney characters like Mickey Mouse and Donald Duck doing things like attempting to crush a child, …

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OAIC releases privacy ‘better practice guide’ for mobile app developers

The Office of the Australian Information Commissioner (OAIC) has been busy of late.  As well as releasing the second stage of its Draft Australian Privacy Principles Guidelines for consultation in late September, it recently sent an open letter to Facebook, which we posted about here. However, it’s not very often that we see regulators encouraging the use of graphics, colour and …

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Did Australia’s liberal approach to naming political parties backfire?!

As the dust settles on last Saturday’s Federal election, one of the more interesting outcomes to emerge is the likely election of six new Senators from five ‘micro’ parties – the Palmer United Party, the Family First party, the Australian Motor Enthusiast Party, the Australian Sports Party and the Liberal Democrats.  One of the incoming Senators is Mr David Leyonhjelm …

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