A Rotorua man has been sentenced to four months’ jail for copyright infringement, in what should serve as a warning to those who are prepared to misappropriate the copyrighted works of others.
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On appeal, the High Court of Australia has unanimously held that Google is not liable for misleading or deceptive representations in sponsored links; reversing the earlier decision of the Federal Court of Australia made in April 2012.
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Mascara may enhance your photogenic features but digital enhancements may cause complaints. Where this goes beyond a minor adjustments or superfluous retouching it could be considered misleading or deceptive and result in a complaint being made to the New Zealand Advertising Standards Authority.
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The use of a symbol, name or image with an identifiable public personality to suggest there is a commercial association is known as character merchandising. A well-known artist or respected sportsperson, for example, has the ability to promote goods and services to the public by recommendation.
Advertisers and business should be aware, however, of liability that may arise from the Fair Trading Act 1986 and the common law action of passing off.
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Regulations for implementing the Madrid system for the international registration of trade marks in New Zealand are set to come into force on 10 December 2012. This has previously been untouched water for many local businesses which have been prohibited from exploring the opportunity for international trade mark registration due to the cost and complexities involved. However, the new Madrid system provides for a more streamlined process which has several advantages both from an administrative and cost perspective.
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