Google Game-Changer: How will ACCC v Google affect your business?

Published in Inside Tourism, Issue 910, 6 December 2012

Advertisers beware. The Federal Court of Australia's ruling in the recent case of ACCC v Google has exposed practices to avoid when marketing your business on the web. The Court viewed the conduct in the case as so outrageous that it was prepared to find Google responsible for their part in displaying the advertisements. The case sends a crystal clear message to advertisers: do not be tempted to monopolise your market by stealing your competitor's name - more simply, do not abuse AdWords. The decision is relevant to advertisers in New Zealand because our fair trading laws are virtually identical to those in Australia.

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Watch This Domain Name Space

At present the domain name system for Internet addresses is defined by 22 top-level domains (these include .com, .net and .org) and approximately 250 country code top level domains (such as .nz and .uk). This is about to change dramatically.

The Internet Corporation for Assigned Names and Numbers (ICANN), the non profit organisation responsible for coordinating top-level domains, is introducing new top level domains in a programme that is expected to bring exponential growth to the number of top-level domains. In June ICANN unveiled the 1,930 applications for new top-level domains received in the first application round. ICANN is to prioritise these for evaluation and the first new top-level domains could become operational as soon as April 2013.

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Trademarks - Madrid Protocol

In the past New Zealand businesses wanting to protect their trademarks in their export markets had to apply to register their marks in each and every one of those export markets. This meant complicated management of overseas advisors and high costs.

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Compliance with Tender Process

The High Court decision of Roading & Ashphalt Limited v South Waikato District Council is a timely reminder to all those involved in tenders of the need to comply strictly with the selected tender process.

South Waikato District Council (Council) invited tenders for solid waste disposal operations in Tokoroa.

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Proposed Changes to the Fair Trading Act 1986

The Consumer Law Reform Bill, currently before Parliament, proposes several changes to various Acts, including important changes to the Fair Trading Act 1986 (FTA). Some of these changes will seriously affect many businesses.

The more important of these changes affect the ability for a business to contract out of the FTA in business to business transactions and include updated provisions in respect of "uninvited direct sales" to consumers, unsolicited goods and services, layby agreements, extended warranties and unsubstantiated representations. These are discussed below.

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New Reporting Requirements for Registered Charities

Registered Charities need to be aware of two important changes to the Charities Act 2005 (Act) which came into effect on 24 February 2012. These relate to their reporting obligations to the Charities Commission (Commission) (shortly to be reconstructed as a board within the Department of Internal Affairs).

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