1-10 of 151 results

High Court defamation decision means businesses could be responsible for comments posted on their social media pages
Insight 15 Sep 2021

In proceedings relating to alleged defamation of Dylan Voller, the High Court has confirmed that the administrators of public social media pages are 'publishers' of comments posted by third parties and members of the public on their page, for the purposes of defamation law. ...

Escaping IP infringement of renowned handbag
Insight 15 Dec 2020

On 6 November 2020, Australian fashion label State of Escape Pty Ltd ( State of Escape ) – renowned for its 'unique' perforated neoprene handbag – lost its two-year-long battle with Chuchka Bags Pt ...

Coming clean and staying clean: continuous disclosure obligations in the age of the data breach
Insight 07 Dec 2020

Recent data, coupled with the Privacy Act 1988 notifiable data breaches scheme, APRA Prudential Standard CPS 234, the Security of Critical Infrastructure Act and the GDPR, confirm that when it comes to serious cyber security breaches, listed entities should be complying with existing continuous disclosure requirements. ...

Media Reform Green Paper
Insight 04 Dec 2020

On 27 November, the Department of Communications issued a Media Reform Green Paper ( Green Paper ) seeking views on a number of proposals. The Green Paper builds on a number of issues highlighted b ...

Digital Platform Services Inquiry Interim Report; ACCC commences proceedings against Agrison; Trivago loses its appeal in the Full Federal Court; and other developments
Insight 25 Nov 2020

Digital Platform Services Inquiry Interim Report; ACCC commences proceedings against Agrison alleging false or misleading representations about warranties; appeal on Employsure case; Trivago's loses appeal; Compare the Market acquisitions of iSelect under review; ADT Security to refund customers and remove or amend unfair contract terms. ...

Burger rivals in dispute with the lot
Insight 30 Oct 2020

McDonald's has sued Hungry Jack's in an effort to have the latter's trade mark, Big Jack, cancelled based on various grounds. Regardless of the outcome, the case is a timely reminder to use caution when employing comparative advertising against competitors. ...

The Ripple effect: unintended consequences of poor international trade mark awareness
Insight 30 Oct 2020

The Federal Court of Australia has granted an interlocutory injunction preventing Ripple from advertising in Australia under 'PayID' branding until the determination of its ongoing dispute with NPP Australia Limited. It reinforces the need to ensure your trade marks are not being infringed by international businesses advertising or offering online services to Australian customers under deceptively similar branding. ...

Lorna Jane antivirus activewear claims don't workout
Insight 08 Sep 2020

A recent set of infringement notices issued by the Therapeutic Goods Administration, including against clothing manufacturer Lorna Jane, highlights the importance of businesses carefully scrutinising all claims made about any health-related benefits of their products. We break down the elements of that case and its significance for advertising and marketing claims. ...

Australia rebranded? A new logo in tough times for trade and travel
Insight 28 Aug 2020

Australia's new 'wattle' logo is intended to represent Australia in the international trade arena. Detailed arrangements governing its use are still to come. Stay alert for details of forthcoming governance arrangements which will define the circumstances in which the new logo can be applied. ...

The ACCC's new case on Google's collection and use of consumer personal information
Insight 03 Aug 2020

In a landmark case, the ACCC alleges that Google failed to obtain explicit and informed consent from its consumers about the use of their data and acted contrary to representations made in its privacy policy. ...

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