Naming Your Race Horse – Like registering a trade mark? Well, not quite

The annual Spring Racing Carnival and running of the Melbourne Cup, can often lead to more than a sore head and fistfuls of losing betting slips.  Inspired by the (admittedly rare) example of a $4000 horse winning a Group 1 race, you too might have recently acquired a small stake in a new race horse.  read more...
Subjects: Trade marks

How to prevent your “ordinary” letter of demand from becoming a Social Media Backlash

Remember the old days of sending a hard copy letter of demand which only a few people (at most) were destined to see?  Well, haven’t times changed! Now, it is crucial to consider how best to minimise the prospect that your demand will go ‘viral’.  None of us want our correspondence to spark reputational issues read more...

Life on the Social Media Front Line: The legal and ethical challenges facing Online Community Managers

Visualise this scenario.  First, you are a lawyer (okay, I know this is tough for some).  Secondly, social media is a burgeoning legal area where you need to know more.  Thirdly, and bravely (given you are risk averse, somewhat conservative and nervous about causing offence), you have signed up to a range of social media read more...

The Impact of Lookalikes: The UK Intellectual Property Office Weighs In

We all have eating and drinking in common.  Yet our preferences distinguish us. Some of us will only have Maggi 2 Minute Noodles. Others want the noodles, but are delighted if it is a competitively priced home brand product. Some of us love nibbling the wavy layers only of a Smith’s Crisp.  Others are happy read more...

Moderating User Comments on Social Media: New IAB Guidelines

“Trending” of late has been the introduction of social media best practice recommendations and guidelines from a variety of bodies.  Last week saw the release of the Interactive Advertising Bureau’s (IAB) Social Media Comment Moderation Guidelines, which attempt to address confusion over the requirement for moderation of user comments on social media sites. The IAB read more...
Subjects: Media | Social media

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'). read more...

Why we can’t bring you an analysis of Tom Waterhouse’s defamation claim against Peter Fitzsimons and Fairfax

The Deputy Registrar of the District Court of New South Wales has refused IP Whiteboard’s non-party application to obtain from the court file a copy of Tom Waterhouse’s court complaint against Peter Fitzsimons and Fairfax (more officially known as proceeding No. 2012/284242). The decision tends to focus the mind on the balance between two potentially read more...

Social media compliance not just a worry; now a mandate for C-Suites and Boards

Even if a listed company has no interest in social media, last week’s final release of ASX’s Guidance Note 8 confirms that social media compliance is front and centre for Boards and C-Suites across Australia, whether they like it or not. If listed entities want to keep confidential a pending market sensitive announcement or a read more...
Subjects: Social media