Elisa Nolf

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Advertising Standards Board determinations – the last 12 months in review

Advertising Standards Board determinations – the last 12 months in review

30 May 2013
By Elisa Nolf
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.
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‘I will’ protect this brand – will Under Armour Just do it?

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

21 May 2013
By Elisa Nolf
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.
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