Category Archive for: ‘Marketing and advertising’

Social media “influencers”: the do’s and don’ts of disclosure

It’s now a widely acknowledged reality that commercial organisations need defined social media strategies and policies in place as a framework for approaching the world of ’gramming, liking, sharing, connecting (and, a recent addition to the Facebook stable, “reacting”) online.  An increasingly important part of that strategy is often engaging social media ambassadors or “influencers” to promote products or brands …

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Copyright and the US primaries: From Adele to Neil Young, why do artists keep getting Berned by politicians?

From Trump to Clinton to Cruz, there is no presidential campaign that doesn’t involve the candidate strutting onto the stage to an ‘inspirational’ song. But what if the artist is not ok with the politicians encouraging voters to ‘Feel the Bern’ or ‘Make America Great Again’ with their tune?

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Same same but different? Federal Court finds Reckitt Benckiser’s/Nurofen’s marketing of the ‘specific pain relief’ range constitutes misleading and deceptive conduct

Last week Justice Edelman delivered judgment in the Federal Court, finding that Reckitt Benckiser (Australia)’s packaging and website descriptions of the Nurofen ‘Specific Pain Range’ constituted misleading or deceptive conduct under section 18 of the Australian Consumer Law (‘ACL’). Reckitt Benckiser was found to have represented that the four products in the Nurofen Specific Pain Range were each specifically formulated …

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Crocodile attacks in New Zealand – Lacoste death rolls Crocodile International again

New Zealand may have beaten France in the Rugby World Cup quarter finals, but one French sporting icon is winning a strategic branding war in New Zealand. For the third time in four years, the High Court of New Zealand has overturned the decision of the Assistant Commissioner of IPONZ and acknowledged the breadth of Lacoste’s trade mark rights in …

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Malt trade mark teasers – the lighter way to enjoy chocolate

The Federal Court of Australia has allowed Delfi Chocolate Manufacturing S.A.’s appeal of the opposition to its MALTITOS trade mark application by Mars Australia Pty Ltd. The MALTITOS trade mark was filed by Delfi Chocolate in Class 30 for ‘Confectionery; biscuits; chocolate; cocoa; products made from or including chocolate and/or cocoa’. Mars successfully opposed the application in December before the …

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Can you perceive it? Breakthrough for Nestle 4 finger shape mark – CJEU speaks on test for acquired distinctiveness

Study trade mark law, they said. It will be easy, they said … Don’t you believe it. We go on about it all the time here at IP Whiteboard: trade mark law is incredibly nuanced. A recent example of this is the decision from Europe’s highest court (the CJEU) relating to our beloved Kit Kat 4-finger shape mark (shown below). …

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Be careful if you wanna GUCCI GUCCI, ya ya, da da…

At IP Whiteboard, we love our brands – especially our luxury fashion brands (see our post on Louboutin here). Back in 2013, we reported on the battle of the brands, Guccio Gucci SpA (“Gucci”) and Guess Inc (“Guess”) (see our post here). To refresh your memory, Gucci and Guess have been battling it out over their trade marks all over …

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Clarisonic v PuraSonic – the allure of miraculous transformational product claims

The Federal Court of Australia has granted preliminary discovery in L’Oréal Australia Pty Ltd v BrandPoint Pty Ltd [2015] FCA 978 with respect to product claims made in relation to the PuraSonic facial cleansing brush. Immortalised by Justice Beach as “a product marketed to the fairer sex with the allure of its miraculous transformational properties”, the application concerned representations made in …

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Google’s new branding – trade mark issues for giants

Well, what do you think? Don’t tell me you haven’t noticed. Looks pretty good to me. I particularly like the new G logo.                 It is interesting to consider the portfolio management issues the re-brand poses, in this case from an Australian perspective. Does Google’s fame help it or hinder it in terms of its trade mark portfolio? Is it …

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