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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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Who owns the copyright in a commissioned work?

Wednesday, November 28, 2012

Many clients mistakenly believe that simply because they commissioned the creation of a work, they own the copyright in the work. Issues arise when these unsuspecting clients, believing they own the copyright in the work, use, transfer or assign the copyright material to a third party without undertaking the necessary steps to ensure that the copyright in the work has been licensed or assigned to them.  

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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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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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New Australia-wide Defamation Laws

Wednesday, November 28, 2012

The Defamation Act 2005 (NSW) that came into effect on the 1st of January this year, is part of a national framework of legislation that aims to simplify, limit, and codify defamation law throughout Australia, and promote broader freedom of speech.  

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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 »