All Mallesons Pulse Posts

Advertising Standards Board determinations – the last 12 months in review

30 May 2013
The past 12 months has certainly been a dynamic time for the Advertising Standards Board – 2012/13 saw the Board having to make determinations in the relatively unchartered waters of social media, ‘sexting’, Gen Y acronyms and iPhone Apps! Leading up to this period, the ASB commissioned a report by Colmar Brunton which found that as compared to 2007 the community had become more conservative in relation to strong language, sex, sexuality and nudity – especially in relation to images/language available to children. Conversely, the report found that the community had become less conservative in relation to issues relating to health and safety and violence/discrimination, particularly in cases of humorous racial or religious references. This alert will take you through the key themes of 2012/2013.
Read on

IAB Australia releases Social Advertising Best Practice Guidelines

29 May 2013
Last week, the Interactive Advertising Bureau Australia (IAB) released Social Advertising Best Practice Guidelines (Guidelines) for paid social advertising. We’re pleased to see IAB helping members navigate the Social Media Wild West. However, we suggest that the Guidelines be further reviewed to mitigate some continuing legal risks.
Read on

Bad faith: The new kryptonite for opposed trade mark applications?

28 May 2013
This just in from our correspondents at the Daily Planet: An application to register the trade mark “superman workout” in Australia in respect of “conducting exercise classes; fitness and exercise clinics, clubs and salons; health club services (exercise)” has been refused by Justice Bennett under section 62A of the Trade Marks Act 1995 (Cwlth) (“Act”) on the basis that the application was made in bad faith (see DC Comics v Cheqout Pty Limited & Anor [2013] FCA 478).
Read on

‘I will’ protect this brand – will Under Armour Just do it?

21 May 2013
In late April 2013, Nike submitted their response to Under Armour’s lawsuit with respect to its ‘I will’ registered trade mark. Under Armour’s complaint filed in February in the District Court of Maryland, alleged Nike’s latest #MAKEITCOUNT campaign advertising materials containing the phrase ‘I will…’ constituted trade mark infringement, trade mark dilution and unfair competition. Under Armour (perhaps strategically, as a popular ‘underdog’ brand) has demanded a jury trial to resolve the dispute.
Read on

To Kill a Mockingbird: The Inside Legal Story on Harper Lee’s Dispute

21 May 2013
She’s been awarded the Presidential Medal of Freedom; she’s won a Pulitzer Prize; her only novel has sold over 30 million copies and it’s been made into an Academy Award winning film. You would think that Harper Lee, the author of To Kill a Mockingbird, would be raking in the royalties and enjoying her golden years following the huge success of her much beloved book. But 87 year old Harper Lee has instead found herself in court, in need of her own Atticus Finch. The author has filed a lawsuit in Manhattan against Samuel Pinkus (amongst others), the son-in-law of her former literary agent.
Read on

Facebook status update (Part 2): Does that domain name say ffacebook.com?

21 May 2013
We previously posted about another legal issue that was keeping Facebook busy, namely, a dispute over its use of the term “timeline” which it settled out of Court. Meanwhile (and more than 2000 miles away), on 30 April 2013 the United States District Court of the Northern District of California handed down a report and recommendation awarding Facebook more than US$2.8 million against 11 defendant ‘typosquatters’. We think US$2.8 million might help soften the blow to the legal budget for using the term “timeline”.
Read on
Load More Posts