Browsing: law

News
MediaWorks staffer pleads guilty to fraud, retains name suppression
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The MediaWorks staffer accused of fraud amounting to over $450,000 today entered a guilty plea in respect of all charges at the District Court in Auckland. Until now, the identity of the accused has been protected by a name suppression order that prohibits the media from reporting on who it is. Presiding judge Taumaunu made the decision to keep the name suppression order in place until sentencing.

Opinion
Why lawyers make bad marketers
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How can companies ensure that fans who inadvertently use the wrong nomenclature continue to feel good about buying, using and recommending their products? Jennifer Duval-Smith, a recent recipient of some unexpected legal communication, offers a few suggestions.

News
Hell nails a unique cease and desist notice to Pizza Hut’s door
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Condom-based promotions, racist ads for brownies, accusations of franchisee bullying, awarding sex crimes with prizes on social media … Hell Pizza has often been on the wrong side of the authorities over the years for its controversial marketing stunts. But the shoe is on the other foot now and, in quintessentially cheeky Hell style, it’s sent a “cease, desist and go sit in the corner” letter to one of its major competitors, Pizza Hut.

Opinion
Learning from Apple’s iPad Mini trademark malarkey
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In April this year, international media reported on the United States Patent and Trademark Office’s (USPTO) decision to refuse registration for Apple’s iPad Mini trademark on the grounds it’s simply descriptive. But within days of the story breaking, the USPTO was backtracking on its decision.

News
Got lawyers? Fonterra’s potential trademark trouble—UPDATED
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Goodby Silverstein and Partners’ Got Milk? campaign for the California Milk Processor Board was one of the most memorable campaigns of the ’90s and became part of the pop cultural furniture in the US. It helped increased milk consumption in California, it has spawned a host of parodies and it’s still going strong today. So why is the phrase being used by Fonterra to advertise its Anchor brand?

Opinion
The delicate art of the cease and desist letter

Earlier this year, Jack Daniel’s Properties, Inc issued a cease and desist letter to author Patrick Wensink regarding the cover design of his recent novel, Broken Piano For President, which closely resembled the Jack Daniel’s whiskey label. And, as AJ Park’s Damian Broadley and Jude Antony write, the company’s response is a great reminder that the tone and approach of any communication should be carefully considered.

News
The parallel universe: how to protect your brand from ‘foreigners’
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Parallel importing. That’s been legal in New Zealand for ages, hasn’t it? Well, yes and no. If we’re talking about branded goods and not music, films or software, then parallel importing has been legal here since 2003 and it’s allowed traders to import genuine goods bearing a trade mark (think L’Oreal perfume or Sony cameras) that are sourced from an overseas supplier rather than the authorised distributor in New Zealand. So what legal weapons are available to local businesses whose investment is being put at risk by cheap imports? 

Opinion
Social media: check yourself before you wreck yourself

The use of social media as a business tool is becoming the norm rather than the exception. Twitter, Facebook and LinkedIn are just some of the websites used to promote businesses and products, as well as being excellent tools for interacting directly with customers and associates. But there can be risks associated with publishing too much information online, particularly in relation to your intellectual property. So what steps can you take to ensure that you are getting the best exposure possible without jeopardising it?