IP Quick Intellect

Justice Beach of the Federal Court of Australia has decided that an artificial intelligence system can be an “inventor” for the purposes of the Patents Act. Read more in Melissa McGrath's recent IP Quick Intellect Blog.

In our latest IP Quick Intellect Blog, Principal Lawyer Melissa McGrath outlines what you need to know about the recently updated Australian domain name licensing rules.

In our latest IP Quick Intellect Blog, Principal Lawyer Melissa McGrath outlines an unsuccessful defamation case against the Australian Broadcasting Corporation (ABC).

In our latest IP Quick Intellect Blog, Principal Lawyer Melissa McGrath outlines the importance of avoiding IP infringement when estabilishing your brand website and strategy by hiring a professional legal team or expert to assist you from the outset.

In our latest IP Quick Intellect Blog, Principal Lawyer Melissa McGrath outlines a recent dispute that provides guidance on how to assess whether a trade mark is deceptively similar to another.

Are you a Director? In our latest IP Quick Intellect Blog, Principal Lawyer Melissa McGrath outlines how directors were found personally liable for a trade mark infringement.

The ACCC instituted proceedings against Google alleging that they had engaged in misleading conduct and made false or misleading representations to consumers regarding the personal location data that Google collects, keeps and uses. Principal Lawyer Melissa McGrath outlines the details of this case and what this means for consumers.

In our latest IP Quick Intellect Blog, Principal Lawyer Melissa McGrath outlines the decision in the recent Twister Sister copyright case and if you can put off a trial to avoid cross examination by video conference.

Clive Palmer was recently ordered to pay $1.5m after losing the Twisted Sister copyright case. In our latest IP Quick Intellect Blog, Principal Lawyer Melissa McGrath outlines the details of this case.

In our latest IP Quick Intellect Blog, Principal Lawyer and Global Intellectual Property Expert Melissa McGrath outlines what you can do if you don't wish to contest a litigation matter.

In our latest IP Quick Intellect Blog, Principal Lawyer Melissa McGrath outlines a recent case where the ABC was found guilty of damaging Dr Chau's reputation in one of their programs, Four Corners. The Court awarded Dr Chau $590,000 in damages.

Social media has led many users to face various legal battles. In our latest IP Quick Intellect Blog, Principal Lawyer Melissa McGrath explains what you need to know when it comes to posts that are defamatory.

In our latest IP Quick Intellect Blog, Principal Lawyer Melissa McGrath outlines a recent case where the Court ordered the defendant, Ms Imsidies to pay the plaintiff, Cosmetic Plastic Surgeon Dr Tavakoli $530,000 for damages caused by defamation which were published in a Google review.

In our latest IP Quick Intellect Blog, Principal Lawyer Melissa McGrath outlines the decision of the High Court which recently clarified that the law on exhaustion of IP rights after sale in Australia is in line with the US.

In our latest IP Quick Intellect Blog, Principal Lawyer Melissa McGrath outlines the five main measures that the proposed copyright law reforms will include.

This recent case is a timely reminder for businesses that consumers may be entitled to more than a refund if they don’t receive what they paid for.

It's important that companies undertake their own due diligence and conduct the relevant searches for trade marks, patent and designs to avoid infringements.

In our latest IP Quick Intellect Blog, Principal Lawyer Melissa McGrath outlines the latest on the Booking.com case and if adding the .com extension will overcome a generic obstacle for registration.

In our latest IP Quick Intellect Blog, Principal Lawyer Melissa McGrath outlines Australia's position on patent rights after sale.

In our latest IP Quick Intellect Blog, Associate Richelle Massey explains how activewear retailer Lorna Jane was recently fined $39,960 from the Therapeutic Goods Administration (TGA) for alleged unlawful advertising in relation to COVID-19.

In our latest IP Branding & Social Media Blog, Senior Associate Catherine Sedgley and Legal Clerk Isabella Krstanovski explain Kraft's recent appeal and the importance of protecting your brand.

In our latest IP Branding & Social Media blog, Senior Associate Catherine Sedgley outlines the decision in the Trident Seafoods case which has provided clarity to the Australian trade mark community.

In today’s world of instant communication and social media, wayward employee behaviour can have a devastating impact on a company’s reputation and brand. Principal Lawyer Stephen Booth, discusses the importance of having clear social media policies in place and if an employer can terminate an employee's contract due to social media posts.

The IP Safe Harbour has recently been repealed from Australia's competition laws. In order to avoid monetary penalties and ensure your business is compliant with competition laws, all your commercial agreements should be reviewed.

Kim Kardashian is currently facing public scrutiny regarding the release of her new body shapewear line, ‘Kimono’. Her choice of brand name has prompted widespread accusations of cultural insensitivity due to its blatant disrespect of the Japanese culture.

Up until recently there had been significant uncertainty surrounding the fate of trade mark owners post-Brexit, although regulations are beginning to take shape, and the actions of the UK government and the UK Intellectual Property Office look to be removing some of this uncertainty.

In 2017, Coleman Greig published a piece concerning a dispute between Aussie brand Bega and US giant Kraft, over the use of the 'peanut butter trade dress' of the iconic peanut butter jars with yellow lids. This blog comes as an update to that article, following the handing down of the decision in Kraft Foods Group Brands LLC v Bega Cheese Limited (No 8) [2019] FCA 593.

If you or your business have contracted a third-party to either create or develop a piece of software for you, it may come as a surprise to know that you may not actually own that source coding - even if the work was undertaken based on your ideas, under your instruction and you paid for it! 

Irish fast food restaurant Supermac's recently tasted sweet revenge over McDonald's, when the European Union Intellectual Property Office issued a surprise decision to revoke the fast food giant's 'BIG MAC' trade mark registration from the EUIPO in its entirety, with respect to a range of food items and restaurant services.

In the recent Federal Court decision of Nature's Care Manufacture Pty Ltd v Australian Made Campaign Limited, Justice Perram ruled on whether the Logo, with the descriptor "Australian Made and Grown", could be used by Nature's Care Manufacture Pty Ltd on the packaging of its Fish Oil + Vitamin D capsules.

The decision in the case of Beats Electronics LLC v Strategies Unleashed Pty Ltd [2017] ATMO 6 is an example of how social media can be used to promote and protect a brand, and should be noted as a reminder to include social media activity as evidence in any intellectual property dispute, where relevant.

Is it possible to claim the design of a glass box?  This question hit the music world earlier this month, when in early November 2018, soon after Kanye West and Kid Cudi performed their set at the Camp Flog Gnaw festival in LA, Grammy award winning New Zealand musician Lorde took to her Instagram account to accuse Kanye West and Kid Cudi of stealing her set design: a suspended glass box.  

As the matter covered in this article highlights, it is incredibly important for businesses to monitor their competitors, and if they wish to protect their intellectual property, to ensure that they take timely legal action to do so.

The Wall Street Journal recently revealed that Google had left users of their social media platform Google+ vulnerable following the discovery of a bug, which potentially exposed the data of over 500,000 users to 438 external applications. In turn, it has been announced that Google will be shutting the social media site down in August 2019.

As the two cases discussed in this article highlight, it is incredibly important for businesses to monitor their competitors, and if they wish to protect their intellectual property, to ensure that they take timely legal action to do so.

Elon Musk recently found himself in hot water when his diving pod, which had been designed to rescue the 13 boys who had been trapped in a cave, was criticised for being unsuitable for the specific conditions of the rescue.   Instead of agreeing to disagree, Musk fired back with a string of offensive and truly cringe-worthy tweets, insinuating that Vernon Unsworth, one of the cave divers, was a paedophile.

When you decide to launch a social media presence for your business, preparation is always key.  It is important to clearly establish which channels you plan to use, what you hope to achieve, your tone, and even some social media guidelines that you would like to follow.

Whilst the use of social media influencers can be viewed as a more authentic alternative to those advertising avenues which companies have traditionally taken, many social media users have become frustrated with their feeds being littered with constant subtle advertising, and feel as though influencers have lost touch.

2018 FIFA World Cup Russia™ viewers have lashed out at Optus via social media, complaining of streaming issues which have hampered their ability to watch World Cup matches.

Decisions surrounding everyday purchases are now often made following an online review of businesses' social media accounts. Whilst the ability to post reviews on social media has given consumers the power to provide instant feedback, it has also given rise to 'trolling'.

Obligations to report data breaches are now more stringent than ever, and non-reporting of these breaches may result in huge fines being imposed.

Instagram has taken the lead in shifting social media from a place where users share their pictures and thoughts, into an e-commerce force through direct messaging updates, 'Shoppable Tags' and an in-platform payment system.

This week, Coleman Greig Lawyers takes a look at four social media tips and tricks that can help you in both managing your business' brand and ensuring that you put your best 'digital footprint' forward.

In this blog, we explore how Twitter was able to create some positive exposure for the sport this past January, as well as how it became a downfall for one rising star.

After changing chicken suppliers recently, KFC were left without chicken for a number of days.  Instead, franchisees were faced with the decision to either shut up shop or only offer popcorn chicken, coleslaw and gravy.

Through social media, these organisations cleverly cut through newsfeeds and were able to show that businesses do have personality In doing so, the organisations attracted love (or at least notable support) from their respective followings by being authentic, funny and topical.

Leading Swedish apparel brand H&M has yet again been caught up in social media controversy following an advertisement posted to the brand’s Instagram channel. It was just last month that the brand was forced to deal with their first ‘face-palm’ moment of 2018, when the online listing of one of their children’s hoodies was criticised by many for being racially insensitive - leading to H&M’s brand ambassador, The Weeknd, severing all ties with the company.

Your business tweets terrifically, is on fire with Facebook and ingenious on Instagram but when it comes to Snapchat, you’re in the dark. So what is Snapchat, and should you be jumping on board?

Making an announcement on Twitter can be tricky. The channel is best known for brevity thanks to its original 140 character limit. Now however, in a matter of weeks, businesses have discovered the luxury of not only enjoying a new 280 character limit but, as of this week, the introduction of ‘threads’!

Fried chicken specialist KFC deserves praise for its recent social media strategy which has online users talking for all the right reasons.

In breaking news recently, a Twitter employee deactivated President Donald Trump’s twitter account on their last day of employment.

Iconic retailer David Jones found itself in hot water after giving a disgruntled customer a tepid response to her online complaint.

Your brand has embarked on a social media journey and so far, the response online has been positive. What happens though when someone affiliated with your brand throws a spanner in the works?

Your business is only viable as long as it keeps delivering the goods – by which I mean, the whole experience including the way your customers feel about their interactions with you.

The decision of Al Muderis v Duncan (No 3) [2017] NSWSC 726 is a timely reminder to all social media users to be careful of their online behaviour. Gerado Mazzella and his brother, Rodney Duncan, were ordered to pay a total of $480,000 in damages, as a result of defamatory online posts.

Lax security measures online leave your brand open to reputational damage – and far worse. Here are some basic tips for making sure that you never have to issue an apology with that always dubious catchcry of “I was hacked!”

A #Thursdayflashback about that time Pepsi turned Cristiano Ronaldo into a voodoo doll.

The NSW Police Force is on a winning streak with community members, thanks to its current social media blitz. Here are our top five posts from our friends in blue.

Imagine scrolling through your social media feeds, only to discover a photo of yourself on another account. The photo is almost identical to one you posted, except a photo-shopped product has managed to feature in the picture...

Social media is one the most popular and effective ways (if done right) that businesses can market to their online customers. If you decide to play in the social media arena, it is essential that your business knows how to handle complaints and bad PR effectively so as to avoid a #socialmediafail

We’ve all heard the advice about making sure that your passwords are secure but according to a recent list of the most common passwords released by Keeper, many of us are leaving our digital content wide open to hackers. Find out how to create a safer password for your business.

Going live on social media platforms such as Facebook or Periscope is a great way to immediately connect and interact with your audience. With that however, comes significant responsibilities to ensure your personal brand, or brands that you are affiliated with, are not tarnished.

Miracle Mattress, a company based in San Antonia, Texas, drew outrage and widespread condemnation in the wake of their 2016 “9/11 Twin Towers Sale.”

As we await the results of the US election, we turn our attention to hopeful First Lady, Melania Trump, who recently demonstrated the importance of consistency when promoting your brand or image.

We take a look at how 'Cleffa' businesses have used the Pokemon-Go fad to boost popularity with their customers.

In today’s ‘always connected’ world, managing a corporate crisis requires a thoughtful and sophisticated approach when it comes to social media.

While “copying may be the sincerest form of flattery,” social media ensures that “cheaters never prosper.” Hopeful First Lady, Melania Trump's recent speech on the opening night of the Republican National Convention raised some eyebrows…

Trump's #socialmediafails provide opportunities for all of us to learn the importance of erring on the side of caution.

Love her or loathe her, there is no denying Kim Kardashian West has a method to her madness. Here are a few tips we could all learn from the selfie queen herself.

Social media is relatively new so you may not appreciate the longevity of what you post so to put it into context, let’s take a look at an older form of communication to see how your lapse of judgement can haunt you.

KFC's latest promotional tweet is enough to make the Colonel himself cringe. The fast food giant cooked up a storm with a questionable tweet (below) in the promotion of their new 'Hot & Spicy' chicken products.

It's common for businesses to incorporate descriptive qualities of the services that they provide into their brand and there are no laws preventing the use of descriptive terms in business names. However, it is difficult to secure a trade mark over a descriptive word or phrase in the absence of other elements to make it distinctive to your brand.

Uber recently forced a small Queensland company by the name of Muber to change their registered business name. Muber general manager, Manne Padowitz, was contacted by Uber about the similarities between the names of the companies, in circumstances where Uber is a successful and internationally recognised brand.

Kylie Jenner, modelling and reality television personality, applied through the United States Patent and Trade mark Office to register ownership of the name 'Kylie'. This trade mark was dispute by KBD, the business representatives of Australian musician, Kylie Minogue.

The FBI and Apple are in a bitter legal war over access to information on the iPhone of one of the San Bernardino attackers. The FBI wants Apple to create a new iPhone operating system that will circumvent several security features in order to install it on the attacker's iPhone to access files and data.

It's no secret that US presidential candidates are prepared to spend millions on promoting their brand and securing the highly sought after position as the country’s leader. An interesting twist in the battle between Jeb Bush and Donald Trump provides an invaluable lesson to all brand owners.

Online scams and hacks are often the subject of our blogs - not because we have writers block - but because scammers are the new era of cyber criminals. The more educated we are about online scams, the less likely we are to fall victim.

As the year draws to a close and we reflect on the year that was, we thought it would be timely to revisit our top three social media incidents over the past 12 months and the lessons learnt from each of these experiences.

After you have established your business, you decide to set up social media accounts to take your marketing to the next level and get those profits really going. Here are some simple tips to help you after you've been hacked, or, better yet to prevent it in the first place.

It is not uncommon for business people to upload the occasional ‘selfie’ as a means to connect with their customers on a more personal level. Whilst posting your photos on social networking channels can create welcome interest in your business, there is a significant risk in unintentionally disclosing private or confidential information.

Cyber attacks come in many different forms so what can you do to prevent your business falling victim? Generally, it’s as simple as understanding the risks and training your employees. Here are our four tips when training your employees on cyber attacks.

American Republican presidential candidate, Donald Trump, has recently raised eyebrows, retweeting seemingly genuine tweets only for users to point out the error of his ways. Here are four lessons we can all learn.

#Thankthequeen was a hash tag created by the UK Daily Telegraph to celebrate Queen Elizabeth’s record breaking reign of 63 years. Tweeters were encouraged to express their gratitude to Her Majesty, with the best tweets rewarded with publication on the Daily Telegraph’s website. Whilst the intention was to praise the Queen, online trolls quickly hijacked the discussion, turning the hashtag into an opportunity to poke fun.

Jarryd Hayne has been making headlines after being picked in the San Francisco 49ers' NFL squad. His journey is inspiring not only to athletics but also to any brand owner. Read these five lessons we can all learn from Hayne’s success.

Think you can post what you want on social media? A Sydney couple was recently ordered by the District Court to pay their neighbour’s $15,000 legal bill after he sued the couple for defamation following comments they made on Facebook about him and his dogs.

Frank Body recently used humour to set out the rules of acceptable communication on their corporate social media platform. The approach won't work for everyone however, the underlying principle of setting a clear standard on what type of consumer communication and engagement is acceptable in your online environment is something that your business should do.

The widespread adoption of ‘the customer is always right’ mantra is well intended, but the result is a prevailing culture of ‘yes-people’ who run for cover at the first sign of conflict. In a small handful of circumstances, you should consider the customer most definitely wrong and call them on their inappropriate remarks. Here are my top 5 tips for dealing with inappropriate behaviour on social media.

From the outrageous to the obvious, the misinformed and outright malicious – the truth is, crisis communications in the social and online media environment is rarely discussed UNTIL an organisation finds itself in a crisis. But what if the subject of the latest #PRFail was you? Or your organisation?

For most companies, social media is a powerful communications and marketing tool. It enables them to reach a mass audience within a relatively quick timeframe and at minimal costs. However, for some individuals social media is used as a sword to name and shame or to air their complaints, criticisms and grievances.

What might your business do if it came under fire for a post put on its Facebook page? The Raw Store posted a status on its page stating neighbouring restaurant, Lentil as Anything, attracting “an odd assortment of misfits including drug addicts out of their mind, smokers, homeless people, vegans, hippies...” The post was deleted but not before it received a barrage of offensive comments and complaints.

Recent data collated by US social media and analytics provider, Locowise, indicates that businesses ignore almost 90% of customer feedback received on their Facebook pages. It’s a startling statistic and seems to support the argument that perhaps many businesses with social media are missing the point of their presence online.

Many companies love to embrace social media as a marketing tool but sometimes, companies learn the hard way that there can be some unintended consequences.

If you’re using a smart phone, PC, laptop, tablet and other forms of technology you’re creating metadata - information that can identify you and what you’re doing. Recently Australia passed new laws whereby Internet Service Providers and telecommunications companies must keep your metadata for a minimum period of two years.

If people in their personal lives could see the sense in setting guidelines as to what information they want people to share about their lives, then why shouldn’t a company or business do the same? For any business, your brand is your baby.

More and more people are falling for scams which seem to be multiplying by the day on Facebook. A few weeks ago tens of thousands of people fell for a Facebook scam purportedly from Qantas and offering free first class flights. The question is, how can you too be on the forefront in picking a Facebook scam? Here are our tips.

When considering purchasing a business or acquiring business assets, particularly in transactions involving IT related intellectual property, it is common practice to ensure that domain names and email addresses are in check. However, in the age of social media and networking it is essential to undertake a thorough review of a target’s social media presence.

Statistics suggest that every second, on average, around 6,000 tweets are tweeted on Twitter. With so many tweets, one would be forgiven for thinking that one damaging tweet would be easily lost in the traffic and quickly forgotten. Unfortunately, that does not seem to be the case. Employers you should have a plan in place to plan to respond to any comments made by your employees that may potentially damage your brand. A delay in responding or an inappropriate response may further damage your brand.

Most of you would now be aware of the infiltration into confidential data owned by Sony Pictures Entertainment that happened last November, now known by many as the “Sony hack”. Whilst most of us were caught up in the juicy information and gossip that was released – let’s not forget the lessons learnt from the hack.

Late last year Woolworths gave us a great (and humorous) example of how negative feedback received via social media can be turned into a positive for your brand.

Maintaining consistent branding through your marketing is essential to the overall brand identity of your business. Controlling the behaviour of other entities and networks related to a particular brand can be difficult.

It has been fascinating to see the advancements of 3D printing and how this innovative technology has positively affected so many industries.

If you haven’t heard of Bitcoin, it’s time to buckle in and read this blog because it might very well be the way of the future and another mode in which to conduct business.

There are numerous strategies to promote the launch of a new product. Some companies use teaser advertisements to generate interest in the lead up to the launch. Other companies keep the product a secret until launch day. In the digital age we live in, adopting the wrong strategy could result in significant brand damage.

In a landmark decision, and the first of its kind in Australia, the New South Wales District Court has ordered a former student of Orange High School to pay $105,000 to a teacher for defamatory tweets.

Proposed amendments to Australia’s Copyright laws have been making headlines in recent weeks. According to a leaked copy of its discussion paper, the Australian federal government is proposing that internet service providers (ISPs), such as Telstra and Optus take measures to discourage or reduce online copyright infringement. If such changes are implemented Australia would have some of the most stringent anti-piracy measures in the Western world.

In that case, over a period just short of 12 months the employee was issued with a series of warnings, both written and verbal, for breaches of company policies. One of the warnings was for refusing to sign the company social media policy.

We know that it’s common practice to copy photos from Google Images, but just because everyone is doing it doesn’t make it right. Whether you are posting images to your blog, Facebook, or any other social media platform, you need to be certain that you are allowed to use that image or you may be infringing on someone else’s copyright.

There is a lot of information out there on the internet – mostly informative, plenty not, and then there’s the information about you that you’d prefer if no one saw. In an attempt to hide, remove or censor this information you contact the website, write letters or involve lawyers. But instead of censoring that information, your actions attract public attention and the information becomes more widely available than it was prior to your intervention.

Given the popularity of social media in the lives of the young and old - at both a professional and personal level, it’s not surprising that the information now found on social media platforms is being relied upon in a range of legal proceedings in particular, unfair dismissal matters.

Do you find your business relying more on social media than traditional marketing to build awareness of your brand and to enhance your brand reputation? If so, you're not alone.

Many of my prior blogs and articles have been about the importance of checking your posts or tweets before sending them out into the world wide web and the litigious impact of those messages. But what about the impact of posts or tweets at the conclusion of litigation or a settlement particularly when you are bound by a confidentiality clause?

Businesses are increasingly aware of the importance of social media policies in relation to employees’ conduct online. However, a social media policy should also cover business operations and guide employees involved in marketing and sales on what to do and not to do on the relevant social media platform.

Many businesses engage in social media as a means on establishing an online presence and building a direct line of communication with their client base. With 645,750,000 active registered users, Twitter is one of the main platforms that companies choose to get the word out about their business. So, do the standard intellectual property (IP) rules apply to Twitter? After all, how much trouble can you get into with 140 characters? Answer: A lot.

There is no doubt there awaits an array of business opportunities for companies that engage in social media. By now, most companies should have a solid understanding of the risks associated with social media and the harm that comments or tweets (especially those posted in frustration) may cause. Not only emotional harm, but also harm to one’s reputation and business. Let’s look back at a case that highlights the importance of “post” checking.

With more than 1 billion users on Facebook alone, it is no wonder that more and more businesses are using social media to promote the name of their brands and engage with customers about their goods and services. It is a way for a business to generate goodwill at low cost and to target particular groups.

Supermarket giant, Coles, was forced to recall a line of store-brand nappies after safety concerns were raised on social media. Alexandra Mayock posted a distressed message on Facebook after discovering her 10-month-old daughter Lily apparently choking on fibres from a Coles Dry Fit branded nappy.

All it took was for a Shona Mackin to undertake a quick Facebook search of one of her employees to discover that the employee’s so called ‘injury’ and claim for worker's compensation was fraudulent - and it was all downhill from there!

Social media is now, more than ever, an integral part of communicating on a daily basis. However, just like other forms of communication, what is said on social media, even in private conversations, is not free from legal jurisdiction. Like phone records, emails and text messages, orders can be made to provide information on Facebook accounts to the Courts. The governments of many countries make requests to Facebook to access account information of certain users that relate to criminal cases. Facebook has decided to launch a report on information they have been required to provide so that all users are aware.

On 27 August 2013, Facebook published updated terms and conditions relating to its pages and promotions on such pages. 

Given the ease with which people can tweet, filter, gram, re-gram, upload and share digital images on social media platforms, many have no hesitation in stealing someone else’s original image and claiming it as their own. The perils of copyright infringement via social media have once again been highlighted as a result of Samsung’s #LiveInTheMoment photo competition run via Statigram, Instagram and Facebook. Hengki Koentjoro’s original image pictured above.

With the rise in use of social media in court, I have recently pondered what the judicial officers think of the social media boom. Do they consider the intertwining of social media and the law a positive change? Or would they say that the negatives outweigh the positives?

Irrespective of whether you are a start up business or a multi-million dollar corporation, engaging in social media is considered common practice for many businesses these days. There are many PR benefits (and risks) involved when a business makes the decision to jump on the social media band wagon. The primary advantage of engaging in social media is often considered to be the direct and immediate access that an organisation has with its target audience. This can undoubtedly be the quickest (and most cost effective) way to gain direct consumer feedback about particular products and services or simply a great way to help a business build its brand.

The recent social media dispute between travel blogger, Tuner Barr, and Swiss based global recruitment giant, Adecco Group has highlighted some important Intellectual Property (IP) issues that can arise in the social media sphere. Barr accused Adecco of ripping off his IP in its campaign entitled “Around the world in 80 Jobs”. Barr’s main gripe is that he had previously created a website called Around the World in 80 Jobs. Importantly Barr had never registered the name “Around the World in 80 Jobs” as a trade mark in Australia or internationally.

Have you ever posted or tweeted “in the heat of the moment” or vented your feelings via social media? I think most of us can admit to doing this. But have you ever stopped to think how this would affect you if you were embroiled in litigation. Many judges worldwide have acknowledged not only the role that social media plays in day to day life, but the pivotal role it may play in court proceedings. Because social media has become such an intrinsic part of our lives it has led to a number of judges authorising access to a party’s social media pages for the purposes of discovery.

Recent amendments to ASX Guidelines have introduced obligations on 'C-Suite' executives, and other senior executives, to monitor social media. This article provides a summary of the changing obligations on companies in the social media space and how these changes impact on C-Suites and other executives.

Customer testimonials have long been used as a legitimate, and in many cases effective, marketing tool. But have you ever read a testimonial and wondered whether it was real or fake? More importantly, with the rise of social media and customers being able to post comments and testimonials on anything from Facebook to YouTube, how can you be certain that the comment is real? The concept of 'misleading and deceptive' statements on social media is becoming a significant issue and cases brought before the Courts as recently as February 2013 are highlighting this. The ACCC has also made a statement recently that it is prioritising work in the areas of credence claims and fake testimonials.

It has been interesting to see how society has adapted to the whirlwind of advances in technology and social media in recent years. Personally, I have often wondered how these advances would affect the world of litigation and what implications they might bring. Well, now it seems the whirlwind has caught up with us and the service of legal documents via social media could soon be the norm!

As a member of Generation X, I am embracing the whole social media revolution. I know that social media is a great marketing tool and it can also be a great way to keep in touch.  However, given the commercial risks associated with social media and the potential for such enormous backlash from both the media and followers, you sometimes have to wonder is it is really worth all the effort?

Congratulations Rudi Baker from Kawasaki who is the winner of our Social Media Seminar Series tickets! Thank you to everyone who signed up to our blog. We look forward to seeing you at our coming events and receiving your comments on here. 

As a regular user of Facebook, I am seeing an increasing number of competitions and promotions run by various companies that are potentially breaching the applicable Facebook terms and conditions. This is probably because those companies don’t even know that there are specific terms that govern such promotions! In fact, running a Facebook promotion requires companies to comply with even more regulations than a print media or radio campaign. For instance, in addition to ensuring that all advertising and promotions comply with the applicable laws, and are in no way misleading and deceptive, the use of the Facebook platform by a company for promotions and advertising is also subject to the Facebook Page Terms and Facebook Advertising Guidelines (“Facebook Terms”). So what is the 'fine print' regarding Facebook promotions?

In these days of Twitter, Facebook, MySpace, YouTube and Instagram, the things your employees are saying about you on social media can have a major impact on what people think of your business, and the reputation you have in the marketplace. Whilst no employer could hope to control an employee's every thought and action, you can provide them with clear guidelines as to your expectations in regard to what, and when, they post on social media ..... as well as any possible consequences that can arise from their actions.

On the spur of the moment, a Tweet or Facebook post may seem like fun, letting off steam or sending an anonymous message you would not dare say face to face. However, the Terms and Conditions of using these social media giants are clear, and users are not as anonymous as they may think. You may not think of yourself as a publisher, but as soon as you post via social media websites you are governed by the fundamental law of defamation, contempt and confidentiality, just as you would be were you working in broadcasting or as a print media journalist.