Knowledge

17/12/15

Whose interest is it?

Register your security interest for personal property or you could lose it. The Personal Property Securities Act 2009 (PPSA) provides security for personal property through registration. Did you know intellectual property (IP) and IP licenses are included in personal property? Next time you think of purchasing the rights to intellectual property, it might be a good...

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PR and the “my client told me to do it” defence

Brisbane public relations agency Mercer PR came under fire recently after it released the identity of a female sexual assault complainant on Nauru in what was described as an “extraordinary” breach of privacy. The press response was brutal and even the Public Relations Institute of Australia waded into the fray, calling for better professional standards. Among...

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...

Public relations material now included in AANA Code of Ethics

The Code of Ethics is the cornerstone of the AANA self-regulatory system, providing a central set of principles to which all advertising and marketing communications should comply. Its purpose is to ensure that advertisements and other forms of marketing communications are legal, decent, and honest, having been prepared with a sense of obligation to the...

White Sand’s Sea Folly

That double tap, swipe right, or the pressing of that green send button only takes a second. The insignificant verbal thought has been transformed into a very real virtual speech bubble linked to your name and company identity. Social media marketing is the way of the future and it is changing how businesses market to...

Yellow? Or YELLOW? Yellow the colour, or yellow the word? Does it really make a difference? In the recent Telstra Corporation Limited v Phone Directories Company Australia Pty Ltd (2015) it did. YELLOW has been held to not be distinctive of Telstra’s phone directory services. In two separate prior judgements Justice Murphy of the Federal...

Test Kitchen fails the Test

Thou shall not pass the Trade Mark Act if the phrase you intend on monopolising is too descriptive. Bauer Media, publisher of ‘Womans Day’ and ‘Australian Womens’ Weekly was recently reminded of this when they failed to register the phrase ‘TEST KITCHEN’ as a trade mark. A ‘test kitchen’ is a kitchen used to develop...

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