Category:
Marketing & Sponsorship

21/02/17

Social influencers, brands and agencies: AANA announce update to advertising laws

Clearly Distinguishable Advertising: The AANA pronouncement and the legal impact on brands, agencies & social influencers. It is evident from a casual gaze through social pages or comms industry commentary that brands are increasingly turning to ‘social influencers’ to promote their products through online social channels, with the intent of influencing consumer purchasing decisions in...

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The sting in the tail: New Zealanders push to trade mark “Manuka” in relation to honey products

A rift has emerged between the Australian and New Zealand honey industries, resulting from a trade mark application lodged by New Zealand producers to trade mark the term ‘Manuka’, as a way of gaining exclusive rights over the word. Manuka honey is produced solely from the Leptospermum scoparium plant, which in turn is...

No Olympics ambush by Telstra

On Friday 29 July 2016, the Federal Court handed down its decision in the Australian Olympic Committee’s (‘AOC’) case against Telstra in light of Telstra’s unauthorised and misleading Olympic themed “Go to Rio” advertisements. AOC relied on section 36 of the Olympic Insignia Protection Act 1987 (‘OIPA’), alleging that Telstra had infringed this section which...

Who’ll win the Crown? Packer vs Intercontinental in dispute over ‘Crown Resorts’

The long running dispute between James Packer’s Crown Resorts group and the InterContinental Hotels Group intensified recently with IHG launching an opposition to Crown Resorts’ philanthropic arm trading as ‘Crown Resorts Foundation’. At heart is a dispute over Packer’s use of the Crown Resorts name. Back in 2013, Crown Limited changed its name to Crown...

“When my customer smiles at me…I go to Rio”: Ambush Marketing and the Rio Olympics

As Brazil prepares to host the 2016 Olympic and Paralympic Games in Rio de Janiero, the Brazilian Congress has been busy attempting to protect the valuable intellectual property surrounding the Rio Olympics by enacting specific legislation in an effort to curb ambush marketing attempts, and unlawful associations by brands, which inevitably occurs during large scale...

Spotting the problem: New claims against Spotify

Spotify has had two copyright law suits brought against them in the last two weeks. The first claim is by David Lowery, who is claiming copyright infringement. Lowery is seeking $150 million from Spotify for illegally duplicating and distributing his band “Cracker and Camper Van Beetoven” songs. The second claim is by Melissa Ferrick a...

Is Reading Believing? Ask The ACCC

Should you always believe the labelling on packaging? In a recent case, the Australian Competition and Consumer Commission (ACCC), has decided that Reckitt Benckiser the producer of Nurofen has gone too far in their marketing claims, and misled consumers. It was found that Nurofen Back Pain, Nurofen Tension Headache, Nurofen Period Pain and Nurofen Migraine...

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