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31/01/13
A picture paints 1000 defamatory words – Google liable for defamation for image search results
Music promoter Michael Trkulja recently successfully sued Google for $200,000 in relation to images published of him on the search engine’s results page. This case provides guidance on the circumstances in which internet intermediaries such as search engines, social media platforms and blogs can be held liable for a defamatory publication. Mr Trkulja, who was...
23/01/13
Lecture Title Falls Short
They were short, stout and furry-toed, and their bones were discovered on the Indonesian island of Flores in 2003. Their full name is Homo floresiensis, or Flores Man, but you might know them better as hobbits. However, with the new film ‘The Hobbit’ now hitting cinemas, a recent incident in New Zealand has provided a...
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10/12/12
Tiger Airways Licks its Wounds After Fined for Spam
A leopard may not change its spots, but Tiger Airways has undertaken to ensure compliance with the Spam Act 2003 (Cth) after being found liable for spam. The Australian Communications and Media Authority (ACMA) took action against Tiger Airways Holdings Limited and its subsidiary Tiger Airways Australia Pty Limited for failing to unsubscribe customers from...
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24/08/12
Cash for Tweets: What is the price you might pay?
In April of this year, the South Australian Tourism Commission (SATC) came under a media fire storm when it was exposed that they had paid celebrities to tweet about Kangaroo Island. Some examples of the tweets: “All this moving and dancing training! Think I need a break! I heard Kangaraoo Island is awesome! Thoughts anyone?”...
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16/08/12
ASB and ACCC Rule, Facebook Not Just A Social Media Tool
The industry has been abuzz with the ruling from the Advertising Standards Bureau (ASB) that content on a brand’s Facebook page is considered to be advertising and/or marketing communications. Many of our clients have been calling to enquire about the consequences for the industry and how the ruling may impact their or their clients’ Facebook...
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19/07/12
London’s Olympic Brand Army on the War Path for Ambush Marketing
In May, we warned about the dangers of associating a brand with London 2012 without consent: http://www.vmsolicitors.com.au/2012/05/18/sweating-over-the-legal-side-effects-of-olympics-fever/ It seems we foreshadowed the current climate, with the London Organising Committee of the Olympic Games and Paralympic Games Limited (LOCOG) now cracking down on ambush marketing. As LOCOG has recently announced, they take incidents of ambush marketing...
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17/07/12
Sweating over the legal side effects of Olympics fever
With the London 2012 Olympic Games just over two months away it’s likely that Olympics fever will soon take hold across Australia. If you or your client catches a bout you should consider the legal risks of associating a brand with the Olympics where the brand is not an official sponsor or licensee, particularly given...
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