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Business Law Articles - October 2007

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Trademark Registration The most effective way to safeguard you against people "trading off" your business name, product or service, is to register a trade mark. For more information, including about the justweb™ trade mark, please read our trademark article.

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The following articles were gratefully supplied by Dilanchian Lawyers and Consultants - Intellectual Property and Innovation Professionals.


Home: Article Index
'10: January, February
'09: March, April, July, August, September, October
'08: Jan, Apr, May, Dec
'07: Dec, Nov, Oct, Aug, Jul, Jun, May, Apr


IP Law Articles and Lightbulb Blog Posts

Practical Rap: Drafting IT Contracts With Foresight
Lessons lie buried in IT history for improving IT contracts, especially software contracts. The key for discovering the lessons is to look for patterns of change. Awareness of the pattern helps to improve contract strategy and draft more effective IT contracts.

Debt recovery DOs and DON'Ts
"Some debts are fun when you are acquiring them, but none are fun when you set about retiring them". So wrote the American poet and humorist Ogden Nash. Arguably even less fun is the plight of the creditor, forced to chase bad debts in what can be a messy, protracted and often bitter affair for all involved.

Retailers desperately seeking digital strategists
Australian retailers need to innovate or reinvent themselves to stay on or ahead of the digital wave. This post is inspired by our recent work and is a wake up post for retailers. It's about the opportunity to capture a higher business sale valuation by establishing an effective presence online.

Fashion lore and law
By mid-2006, http://www.dior.com had earned more revenue than any other Christian Dior store location. The evidence is piling up of success online and in particular, the rise and rise of online fashion retailing.

Beware of Google bearing copyright tips
Google (the owner of YouTube) has just announced the release of a beta version of a video filtering tool. It is another step towards protecting content owners whose copyright work is uploaded into YouTube without permission. For audio-visual content owners YouTube is a punk, not a new kid on the block.

Retailing as entertainment
With changes in the Australian business environment, including rising real estate leasing costs, retailers need strategy and new customers. We're advising retailers such as venues re-inventing themselves, comparison shopping websites and product marketing and distribution e-commerce websites.

iPhone upgrade or unlawful monopoly moves?
On 5 October 2007 a small two partner New York law firm, Folkenflik & McGerity, filed a class action Complaint [PDF] in a court in California against Apple, Inc and AT&T Mobility, LCC. The Complaint seeks direct, consequential and punitive damages totalling US$1.2 billion.

A Whirlpool of Legal Risk
From a recent case of forum comment litigation, perhaps the most notable takeaway is the plaintiff's realisation of the awesome power of the court. We don't have in mind the Supreme Court of Queensland where the case was instituted; rather, the court of public opinion.

Advertising is not the only game online
At the July 2007 Future of Media conference in Sydney someone on stage (who should have known better) said "only porn or financial data works on a user-paid basis". Err, wrong.

Generate a legally strong brand in three steps
How can you create a legally strong brand name? What can a brand manager do to improve the selection of trade marks from a legal perspective? What legal principles should you keep in mind when you brainstorm for a business or company name, domain name or brand name. This post answers these questions.

The market capitalisation oomph of being online
Whose shares have risen more to date, Google's since its float in August 2004; or Apple, Inc's since the return of Steve Jobs in 1997? This post has the answer and analysis.

Strategy's Strategist
What is strategy and do you do it well? Useful pointers can be found in the McKinsey Quarterly (2007 Number 4) in the article, Strategy's Strategist: An Interview With Richard Rumelt.

Copyright Notice, RSS Feed and View the Articles The articles in our Business Law pages are reproduced with kind permission from Dilanchian Lawyers and Consultants. If you wish to reproduce any of the information in any format, either electronic or written, you must first contact Dilanchian and obtain permission in writing.

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