Knowledge

12/02/15

Boobs, swearing and erectile dysfunction: responding to advertising complaints

Responding to complaints about ads is part and parcel of the job for creative agencies and brands. The fact is, some of the best advertising pushes the boundaries of what is socially acceptable. Creating ads that challenge, confront or shock audiences has proven to be an effective way for many companies to get their message...

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Working with social influencers: compliance tips for brands

It is evident from a casual gaze through social pages or comms industry commentary that brands are turning to ‘social influencers’ to promote their products through online social channels, with the intent of influencing consumer purchasing decisions in favour of their products. Brands and their agencies are identifying and building commercial relationships with individuals, events...

Celebrity endorsements can leave brands seeing stars

Celebrity endorsements can be a powerful tool to strengthen a brand’s reputation and recognition with consumers. However, trying to steal or borrow a celebrity’s limelight without permission can be a costly mistake, as an aged-care company that used Ita Buttrose’s image recently discovered. The media doyenne and former Australian of the Year last year sued...

Reebok runs afoul of the Australian Consumer Law

Reebok has been fined $350,000 for making misleading claims that its EasyTone shoes increased the strength and muscle tone of calves, thighs and bottoms more than traditional walking shoes. The high-profile action by the ACCC, which was splashed across Australian media last week, is a reminder to brands and advertisers that stepping out of line...

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...

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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