Blog.

Blog

Katie v Katy: a 'Perry'lous dispute

An ongoing legal dispute between clothing designer, Katie Jane Taylor and American singer-songwriter, Katy Perry, continues to make headlines. Taylor, owner of the registered trade mark 'Katie Perry', claims that Katy Perry's use of the mark 'Katy Perry' for her products is deceptively similar. In response to Taylor's claim, Katy Perry...

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A hefty price for a Google Ad

When seeking out answers, we all reach for Google, the most commonly used platform for information searches. Often, we assume that our search results are accurate. Accuracy is very important when businesses market their products and services on the internet. It is for this reason that they should ensure they do not...

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Revised (but not revolutionised) trade promotion laws

The Lotteries Act 2019 (SA), together with the new Lotteries Regulations 2021 (SA) (Lotteries Regulations), take effect on 10 December 2021. The Lotteries Regulations are intended to bring clarity to, and simplify some elements of, the trade promotions framework and requirements.

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Appraising a data breach

There is a proliferation of ransomware attacks, with reports of a 200% increase in attacks against Australian organisations in recent months. On a global scale, the average cost of cybercrime continues to rise, according to the latest ‘Cost of a Data Breach Report 2021’ by IBM and the Ponemon Institute...

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In a pickle over burger ad

On 13 October 2021, the Ad Standards Community Panel (Panel) found that a Grill'd ad breached sections 2.3 and 2.4 of the AANA Code of Ethics (Code) because it used violence inappropriately and suggested sexual violence towards children. Use of animated or cartoon characters, simple themes (such as ‘good vs evil’)...

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The New Directors Identification Number Regime

From 1 November 2021, company directors will be required to have their own unique director identification number (DIN) to verify their identity. DIN’s are a unique 15-digit identifier issued by Australian Business Registry Services (ABRS). Why were DIN’s introduced? DIN’s have been introduced to help prevent the use of false...

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Copyright or copywrong?

Businessman and former politician Clive Palmer was defeated in a copyright infringement case following unauthorised use of a popular Twisted Sister song in a political campaign. Palmer, founder and chairman of the United Australia Party (UAP), authorised the recording and broadcast of the song 'Aussies Not Gonna Cop It'. The song...

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It's more than a prize

Trade promotions, such as competitions and other promotional games, are winners for generating hype for your brand. However, trade promotions are heavily regulated and organisations must ensure they comply with relevant laws...

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New AANA Food & Beverages Advertising Code

The Australian Association of National Advertisers (AANA) has announced that a new Food and Beverages Advertising Code, together with an accompanying practice note, will take effect on 1 November 2021. The new code aims to lessen the impact and exposure of advertisements promoting occasional food and/or drinks (treats)...

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EU filing date on UK trade marks

EU trade marks application filed before 1 January 2021 can claim the EU filing date in UK applications. However to be eligible, the UK trade mark application must be: filed on or before 30 September 2021; for the same trade mark; and for the same goods and services. Impact of Brexit: In our recent blog post, we discussed the impact of Brexit in relation to...

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