advertising

High Court bundles up TPG with a $2 million penalty for misleading advertising

High Court bundles up TPG with a $2 million penalty for misleading advertising

20 December 2013
By Emma Bathurst
The High Court’s reasons for judgment in ACCC v TPG Pty Ltd [2013] HCA 54 serves as a warning to advertisers that campaigns designed to emphasise the most attractive component of an offer must be carefully designed so not to have the tendency to mislead and deceive consumers. The lesson for advertisers is to ensure that the dominant or headline message of any commercial incorporates the key terms of the offer.
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Sexy but too similar? App developers “Bang-ed” up over trade mark dispute

Sexy but too similar? App developers “Bang-ed” up over trade mark dispute

20 August 2013
By Katie Dillon
What happens when you take three College aged guys, a few hours of spare time, Red Bull, vodka, and a smartphone? Why, a new “casual sex matchmaking app” called “Bang With Friends”! Unfortunately for our anonymous trio (yes, despite the “honesty” of the app they refuse to reveal their identities) the hangover may last a while. In late July 2013, Zynga, makers of apps like “Words With Friends” and the owners of the registered trade mark “WITH FRIENDS”, filed a complaint in the U.S. District Court claiming “Bang With Friends” are “free riding on recognized and valuable intellectual property rights”.
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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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A lesson in sharing: Google’s new AdWords policy

A lesson in sharing: Google’s new AdWords policy

15 April 2013
By Daniella Phair
Google has recently updated its AdWords trade mark policy. From 23 April 2013, Google will no longer prevent advertisers from selecting another company’s registered trade mark for use as a keyword in Australia (and China, Hong Kong, Macau, Taiwan, New Zealand, South Korea, and Brazil). This change brings Google’s AdWords policy on trade marks in Australia into line with the rest of the world.
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