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Giving the thumbs down emoji to trademarks

The European Union Intellectual Property Office (EUIPO) recently decided that simple emojis cannot be trademarked under European law. Here’s what happened: Background emoji In December 2021 a German company Käselow, sought to have a commonly used emoji registered as their trademark. The mark in question was an image of a hand sign commonly understood to mean ‘ILY’ or ‘I Love…

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Countdown to change: preparing your business for changes to the unfair contract terms regime

Australia currently provides protections, via the Australian Consumer Law (ACL) and the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act), against unfair contract terms (Unfair Contract Terms Regime).

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Ready to enter the metaverse? Privacy risks companies need to know

The metaverse is an interactive digital environment encompassing all virtual worlds, augmented reality and the internet. A space where users can interact with a computer-generated environment and other users in real time. In simple terms, a 3D version of the internet. 1. Facebook’s nod to the metaverse Following Facebook’s rebranding to Meta, privacy concerns have been raised given Facebook’s history…

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Copyright has entered the chat … GPT

Key takeaways Recent developments of ChatGPT has triggered debate surrounding the legalities of its content. ChatGPT threatens authors and artists whose work may be used in ChatGPT content without their permission. ChatGPT also raises copyright issues for those who use ChatGPT to create content, as without a human author, it can be difficult to claim copyright infringement. ChatGPT is an…

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Baseless claims: Ed Sheeran wins 'Shape of You' copyright case

Most of you will have heard Ed Sheeran's blockbuster song 'Shape of You', the most streamed song in Spotify's history with over 3 billion streams. You may also have heard about the copyright case in which Sheeran and his co-writers were accused of plagiarising the 2015 song 'Oh Why' by Sami Chokri...

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SMS: Scam Message Service?

Have you recently received a text that didn’t seem right? Maybe it looked like one of these: 'Your package is on its way: get it as soon as possible! Click this link!' 'Hello, I've seen this video of you on the internet! Click here to see!' 'Hi, do you need a part time job? Click this link!' If that's a yes...

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Key ACCC priorities for 2022

In early March 2022, Rod Sims handed down the ACCC's 2022/2023 Compliance and Enforcement Priorities. Some issues and industries of concern include manipulative digital advertising techniques, exclusive arrangements that impact competition and false 'green' credentials.

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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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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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Businesses face penalties for unfair contract terms

State and territory consumer affairs ministers have recently agreed to strengthen the Australian Consumer Law unfair contract terms regime. Key proposed changes, as outlined in the Treasury’s Regulation Impact Statement...

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