Hudson Gavin Martin > Hudson Gavin Martin

Four month prison term for local copycat infringer

Mon, 20 May 2013 04:27:30 GMT

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.

Advertisers, not Google, liable for content in 'sponsored links'

Mon, 20 May 2013 04:27:30 GMT

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.

Perils of Airbrushing

Mon, 20 May 2013 04:27:30 GMT

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.

Personality Rights

Mon, 20 May 2013 04:27:30 GMT

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.

The Madrid Protocol – a new tool for overseas brand protection

Mon, 20 May 2013 04:27:30 GMT

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.

Advertising Standards Authority

Mon, 20 May 2013 04:27:30 GMT

Industry commitment and self-regulation are the cornerstones of the Advertising Standards Authority (ASA). Easy for consumers to utilise and efficient for advertisers to respond to, the ASA has been protecting the rights of consumers since its formation in 1973.

Consumer Law Reform Bill – A step closer to Trans-Tasman alignment

Mon, 20 May 2013 04:27:30 GMT

The Consumer Law Reform Bill includes a number changes to New Zealand’s core consumer legislation which is intended to closer align it with Australian consumer law. On 2 October 2012, the Commerce Select Committee reported back to the House on the Bill, recommending a number of further significant changes.

ASA’s new social media guidelines

Mon, 20 May 2013 04:27:30 GMT

The Advertising Standards Authority (ASA) has just released a Guidance Note on Social Media which casts some light on the obligations on companies which operate a presence on social media. The Guidance Note took effect from the start of the month.

Nudity in Advertising

Mon, 20 May 2013 04:27:30 GMT

Some of the most famous artworks in history depict the human body in its purest form: nude. Take for example ‘David’ by Michaelangelo or ‘The Birth of Venus’ by Botticelli, both of which are widely accessible and acclaimed in modern day society. Put these figures in a different context and a once ‘beautiful’ subject can be transformed into a subject of consumer complaint.

New privacy law protects against intrusions into solitude

Mon, 20 May 2013 04:27:30 GMT

The recent High Court decision in C v Holland has changed the landscape for privacy law in New Zealand. Essentially it has created a new law which protects individuals from highly offensive interferences with solitude or seclusion. It means that news media need to think carefully about the practice of news gathering, and not just about how they use the results of that news gathering.

Update on Patents Bill

Mon, 20 May 2013 04:27:30 GMT

There has been limited progress on the reform of the Patents Bill since our last article…until now.

Commerce Minister Craig Foss has announced a minor amendment to the Patents Bill on the issue of software patentability. The effect of the amendment is that patents could be granted for inventions that include computer programs.

What happens in Vegas… doesn’t always stay in Vegas

Mon, 20 May 2013 04:27:30 GMT

Poor old Prince Harry has run into a bit of trouble after photos of him have been made public.

What’s interesting to note is that although the photos are widely available online, newspapers in the United Kingdom initially declined to publish any of the photos.