Category:
Marketing & Sponsorship

Making a monkey out of copyright law

A ‘selfie’ snapped by a mischievous macaque who stole a photographer’s camera has demonstrated once again that there is no monkeying around when it comes to copyright law. Wildlife photographer David Slater was understandably miffed when Wikipedia denied his request to take down the photograph – which has since gone viral – on the grounds...
Trademarking the Rainbow
From Cadbury’s purple to Tiffany & Co’s robin egg blue, distinctive colours have become synonymous with the brands they represent. Branding – in particular colour – is a powerful form of consumer recognition and brand distinction.  Thus, the legal protection of colours has on a number of occasions become a hot-headed issue as companies aggressively...
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Bitter tweet – defamation in social media
140 defamatory characters posted in the Twitter-sphere could cost tens of thousands of dollars in damages, the New South Wales District Court has held. The case reignites the complexities of defamation law in a world where everyone is a publisher and information is disseminated across the globe at the click of a button. In the...
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Kicking Goals in Ambush Marketing
With the FIFA World Cup fast approaching, the issue of ambush marketing is again at the forefront of discussion. Forming a key concern for event organisers, partners, sponsors and fans, ambush marketing is an attempt by a third party to create a direct or indirect association with a sport event or its participants without their...
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Online Reviews: Do Not Fake it Until You Make it
It’s Saturday night and you’re looking to try a new local restaurant, but which one? Smartphone in hand, you jump onto Yelp to assess the nearby options. You follow your app’s suggestion and try that new Japanese place with rave reviews. A few weeks later you’re dreaming of a weekend escape, but where to stay?...
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A Whopper of a Trade Mark Dispute
A meaty dispute recently arose between a small hamburger shop and fast food giant Hungry Jacks. The take-away shop, in Wamberal on the Central Coast of NSW, has been serving the ‘Wambie Whopper’ for 20 years. It was reported that Hungry Jacks wrote to the owners, requesting that they stop using ‘whopper’ in their shop...
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Reproduction of Editorial Content
Copyright Agency Limited (CAL) is a copyright collecting society which collects and distributes copyright licence fees and royalties for text and images. CAL represents a number of publishers including Fairfax Media. It has come to our attention that CAL has been sending letters of demand to some PR agencies and brands alleging copyright infringement in...
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