Hudson Gavin Martin > Hudson Gavin Martin

A right to be forgotten online?

Wed, 04 Jun 2014 08:34:22 GMT

Last week the European Court of Justice recognised a "right to be forgotten" online, by ruling that individuals can demand that Google remove web pages from its search index if they are “inadequate, irrelevant or no longer relevant”. The decision has already been criticised as ‘censorship by stealth’ by free speech advocates, because it will make it significantly more difficult for people to access certain types of information. It will no doubt cause all manner of technical and legal issues for search engines, and could change how people perceive information online.

How to respond to a complaint that third-party content posted on your website is defamatory

Wed, 04 Jun 2014 08:34:22 GMT

The British Government has recently published a Guidance Note on how the operators of websites which host user-generated-content (“UGC”) should respond when they receive a complaint that UGC on their site is defamatory.

The Guidance will not apply to website operators based in New Zealand, however it does still provide a useful guide on best practice for website operators which are serious about limiting their exposure to possible defamation claims.

Agents and Principals Beware - ACCC successfully sues Flight Centre for price fixing

Wed, 04 Jun 2014 08:34:22 GMT

In a judgment which will affect distribution structures on both sides of the Tasman, the ACCC has successfully sued Flight Centre for attempting to induce airlines to engage in price fixing.

Following the decision, New Zealand and Australian businesses will need to exercise particular care when negotiating the terms on which an agent is appointed, including the commission earned by the agent and the areas in which the agent operates in.

Is a blogger a journalist?

Wed, 04 Jun 2014 08:34:22 GMT

Earlier this year the Law Commission took a step towards recognising ‘responsible’ and ‘accountable’ bloggers as members of the news media, with all the privileges that entails. A recent District Court decision involving a high-profile blogger has taken a step back from that position, by indicating that bloggers are not entitled to protect their confidential sources in the same way journalists can.

What's your number?

Wed, 04 Jun 2014 08:34:22 GMT

All companies have now been assigned a New Zealand Business Number.

The purpose of its introduction is to create a single searchable public register of businesses so that, in the future, companies spend less time and effort on government forms and correspondence and more time and effort on growing their business.

Genetic Modification of Food

Wed, 04 Jun 2014 08:34:22 GMT

Genetic modification is, and will most likely remain, a topic that stirs public controversy. While competing views are mostly based around its desirability and safety as a concept, there is also a strong divergence regarding the regulations which stipulate how genetically modified foods are to be labelled to address consumer concerns.

ACCC’s price fixing allegations broken by ANZ

Wed, 04 Jun 2014 08:34:22 GMT

The ACCC’s failure in a recent Australian case to prove that the ANZ Bank competed with mortgage brokers has emphasised the importance of carefully considering the goods or services being supplied by businesses when assessing whether they are competitors. This is especially so where a business uses a number of distribution channels to sell its products to potential customers, including using brokers and agents who can offer services that the business could not offer itself.

Scrabble's belated infringement claim leaves it scrambled

Wed, 04 Jun 2014 08:34:22 GMT

Trade mark owners need to be proactive and consistent in protecting their trade mark rights.

As the recent English case of JW Spear Ltd and Mattel v Zynga Inc illustrates, failure to promptly enforce a registered trade mark can be used as evidence that the owner does not believe that a rival’s use of a similar sign infringes its mark. This is so even when the rival uses a word, here ‘Scramble’, which was very similar to the well known mark SCRABBLE, and where the rival knew its use of the word may cause confusion.

3D Printing– Unravelling the layers

Wed, 04 Jun 2014 08:34:22 GMT

The prospect of cheaper products, localized production and design customisation is ever more real as the technology of 3D printing advances. Unfortunately, so is the risk of unauthorised copying.

This article explores the role of intellectual property and how it applies to 3D printing.

Streuth! Aussie knock-off gives rise to New Zealand liability

Wed, 04 Jun 2014 08:34:22 GMT

Australasian businesses must ensure that their conduct complies with the law on both sides of the Tasman. A New Zealand company was recently held liable for copyright infringement due to the conduct of its Australian agents, even though the employees’ conduct did not contravene Australia’s copyright law.

KitKat: A treat for the techies?

Wed, 04 Jun 2014 08:34:22 GMT

Google's new Android mobile operating system 'KitKat' is a great example of two identical brands co-existing in non-competing sectors.

KITKAT is a well known trade mark for chocolate confectionary. Yet, here we see Google using the same name in respect of software.

Fashion (Law) Suits

Wed, 04 Jun 2014 08:34:22 GMT

New Zealand Fashion Week is here; a time for designers – young and established - to showcase their collections.

In the spirit of all things fashion, we have discussed some of the more infamous instances of intellectual property infringement, allegations thereof, and examples of designers using intellectual property laws to protect their designs.