Category Archive for: ‘Marketing and advertising’

Look-Alike Get Up – Can IP Whiteboard develop an objective method to test that most subjective of assessments?

At IP Whiteboard we’ve developed a scoring system to help assess look-alike packaging for legal risk…whichever side you’re on. In this blog post we’ll explain the scoring system, and give you some examples to self-assess (using Aldi as our ‘base case’).

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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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‘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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A lesson in sharing: Google’s new AdWords policy

Imagine you are a well-known multinational company. You’ve worked long and hard to establish yourself as a market leader. You’ve taken advice from your trusty legal team to register your trade marks. You’re pretty proud of yourself for keeping up with new technology and have finally worked out how to use the Internet to best market your business. Why, then, …

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Google Inc v ACCC: More detailed analysis

Further to our breaking news post this morning (we promised there was more to follow!), our Anthony McKew and John Swinson have prepared an alert on the High Court’s decision in Google Inc v ACCC. The High Court today has allowed the appeal of Google Inc against the Federal Court’s decision that Google breached s.52 of the Trade Practices Act …

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Breaking News – Unanimous High Court decision: Google wins appeal against ACCC

The High Court has today unanimously found in favour of Google, holding that Google was not liable for misleading or deceptive conduct for having published misleading sponsored links, which had been purchased by advertisers using its flagship AdWords program. According to the High Court’s summary available here, “the Court found that ordinary and reasonable users of the Google search engine would have …

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Sticks and stones may break my bones, but make Facebook comments about me and… you’re in tricky territory

We previously posted about Justice Tracey’s recent Federal Court decision where the designer of “White Sands” swimwear was fined $25,000 for public comments which ‘questioned’ whether Seafolly copied White Sands’ designs. The fine was in relation to misleading or deceptive conduct, however, the public nature of comments back and forth meant that one party sued for defamation, the other for …

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