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Publications


The Marketer's Guide to Section 52

Wednesday, November 28, 2012

Kim Tunbridge explains the implications of falling foul of s52 of the Trade Practices Act, which deals with misleading and deceptive conduct in trade or commerce.  

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The legal implications of blogging

Wednesday, November 28, 2012

We all know that word of mouth is the most powerful form of marketing. Blogging is just that – only on a faster, international and more permanent scale. As a blog can be viewed in many jurisdictions throughout the world, conduct in relation to a blog could cause different legal headaches in Australia as well as in other countries. This article considers only some of the legal implications of blogging under the Australian law.  

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Running the Google Gauntlet

Wednesday, November 28, 2012

There's no doubt that you've heard about Google Adwords by now. The big question is whether you can legally register keywords relating to your competitors.  

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Are Your Consumer Contracts Unfair?

Wednesday, November 28, 2012

Unfair contract terms in standard form consumer contracts will be void under the Australian Consumer Law which came into effect on 1 July 2010.  

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Legal Strategies to Improve Productivity, Sales & Profitability

Wednesday, November 28, 2012

Strategies to improve your productivity, sales & profitability as well as minimise legal and commercial risks in your business include:

Introduce template agreements in order to streamline your processes, improve communication & minimise mistakes

Protect your intellectual property in order to increase the value of your business & protect your reputation in the market

Ensure your business structure is set up properly to protect you legally, minimise tax and to allow for growth

Consider incentives, equity and other programs to retain your valuable staff and motivate performance

Ensure your advertising & marketing programs are designed to maximise sales with minimum legal risk

See our legal checklist for more ideas to take your business to the next level!

If you need assistance with any of the legal strategies above, please let us know.

Current as at December 2010.

 

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Do Not Call Register

Wednesday, November 28, 2012

The Do Not Call Register created by the Do Not Call Register Act 2006 is set to be launched by May 2007, changing the face of marketing.

The legislation allows the account holders of residential telephone numbers to be registered on a Do Not Call Register, prohibiting organisations from cold calling them without their consent. Consent can be express, where the account holder opts-in to the marketing call, or inferred, such as where an organisation has an existing business relationship with the account holder.

There are severe penalties for contacting a person on the Do Not Call Register, randing from $1,100 to $1.1 million. Exemptions have been provided for calls authorised by government bodies, religious organisations and charities under the banner of 'designated telemarketing calls'.

For assistance with preparing your business to handle the Do Not Call Register, please contact us.

Current as at December 2006. 

 

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Using Competitor's Names in Google Adwords

Wednesday, November 28, 2012

Google Adwords is a marketing/research tool using the Google search engine. Businesses can nominate a search keyword, and when a person puts that keyword into Google, a sponsored advertisement for their business will appear.  

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Running a Christmas Trade Promotion?

Wednesday, November 28, 2012

Trade promotions (competitions) can be an effective marketing tool, but there are some legal requirements for how they must be conducted.  

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Ineffective Disclaimers

Wednesday, November 28, 2012

Holden has recently provided refunds to some customers following the heavily promoted “You Pay What We Pay” campaign. The campaign stated that during the promotion the public would receive the same discount on new Holden vehicles that its employees were entitled to.  

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Branding More Than Sum of the Parts

Wednesday, November 28, 2012

In recent court action against Darrell Lea, the Federal Court has rejected Cadbury’s claim that it has an exclusive right to use the colour purple in connection with chocolate. In doing so, the Court noted that, while important, colour is not the only component that creates brand recognition.  

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Jungle Management acts as legal counsel for high growth businesses in sales, marketing, advertising, media & technology.

Legal Checklist for Sales, Marketing & Advertising launched ...Download here »

Kim Mei-Li Dennis interviewed by Hunter Business Insider ...Click here »