Can I Share A Photograph Taken Of Me By Someone Else?

You might think that if someone takes a photo of you, you have the right to post it to your own social media or use it as you see fit. But that is not correct. According to copyright law, the person who took the photograph, or their employer, usually owns the copyright in the photograph and has the exclusive rights, amongst other things, to publish it online or in print.

Brand-Jamming – Can Parody Save You?

Brand-jamming can be a really effective (and sometimes controversial) way to use a well-known company’s brand value to grab public attention, often to the detriment of the brand. In other words, you use the brand against itself. Think of the McDiabetes spoof on McDonald’s to highlight the health concerns around fast food. But as most brands have copyright and trade mark protection, is it legal?

4 Things to Think About When Choosing Your Brand Name

So you’ve started the exciting journey of branding your business. You’ll probably want a brand name and logo that speaks for itself or the products/services that you are selling and that will resonate with your target market.

Should I Register My Business Name As A Trade Mark?

Starting a business is like constructing a building, and choosing your business name can be like laying the cornerstone. There are many things to think about when choosing a business name. Still, perhaps the most important one is seeing whether it is available to register as a trade mark. That’s because registering a business name with ASIC doesn’t give you any “ownership” rights to that name. Only a registered trade mark will provide you with the exclusive right to use your chosen name in relation to your goods or services.

Can I be liable for defamation for a negative online review?

So you’ve hired someone to design your packaging, and you’re less than thrilled with the final product, or that meal you recently had at the new fine-dining restaurant was anything but fine, there may be the temptation to give that person or business a big thumbs down on social media.

How To Balance Advertising Creativity with Compliance

Australia has a notoriously regulated advertising and marketing environment. Businesses that are found to have engaged in misleading or deceptive conduct in breach of the Australian Consumer Law can face hefty six-figure penalties and significant reputational harm. In some cases, there may even be criminal consequences for those found not to be compliant.