If someone posts something hateful, and possibly illegal, on your Facebook page, what should you do?
See Smart Company article about Anzac biscuits.
A blog relating to Internet legal issues by Professor John Swinson, University of Queensland
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Negligence and pure economic loss
Australian High Court decision on concurrent liability in contract and negligence for pure economic loss.
Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 [2014] HCA 36 (8 October 2014): http://www.austlii.edu.au/au/cases/cth/HCA/2014/36.html
A unanimous decision against finding concurrent liability in negligence to a contractual counterparty who had the opportunity to negotiate non-price terms with a builder. Would a software or IT enterprise customer be in any different position when dealing with a technology or telco provider?
Reloadable Cards
There appears to be a market for reloadable payment cards. Part of the growth in this market is driven by online sales of goods and services. See article on eMerchants.
New Zealand AdWords Case
Trade mark infringement found when competitor purchased Google AdWords that were trademarks of the other.
See also comment.
Use of a competitor's mark in advertising could amount to an infringement of their trade mark unless it is clearly for descriptive or comparative purposes only e.g. if the advertisement includes sufficient text to differentiate the product or service that of the competitor.
InterCity Group (NZ) Ltd v Nakedbus NZ Ltd [2013] NZHC 379
See also comment.
Use of a competitor's mark in advertising could amount to an infringement of their trade mark unless it is clearly for descriptive or comparative purposes only e.g. if the advertisement includes sufficient text to differentiate the product or service that of the competitor.
Legal Lessons from the Ice Bucket Challenge
See this article: Legal Lessons from the Ice Bucket Challenge.
"Viral cause marketing is an enticing way to build attention for a brand. Before you embark on a strategy that seeks to copy the summer phenomenon of the ALS Ice Bucket Challenge, consider the legal ramifications."
"Viral cause marketing is an enticing way to build attention for a brand. Before you embark on a strategy that seeks to copy the summer phenomenon of the ALS Ice Bucket Challenge, consider the legal ramifications."
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