So, your brand is big on social media? Here are our top
5 survival tips for not getting yourself sued.
Someone else is using my brand name on
Imposters are a pain. But there are a couple of things you can
do. You'd probably have grounds for a court case on IP
infringement, but let's call that the nuclear option. Most of
the main social media platforms will block an imposter account if
you can prove that the brand name belongs to you. The easiest way
to do this is to show that you own the trade mark. Check out the
T&Cs and you should find details of how to lodge your
complaint. And (hint) if you haven't registered your brand as a
trade mark, do it!
The chat on my business's Facebook page is getting
The great thing about social media is how it lets you talk
directly to your customers. The downside is that they can talk
back, and you don't always want to hear what they have to say.
Worse, if your customers go feral on your Facebook page, you can be
responsible for it. If someone contacts you and says they've
been defamed on your social media page, you need to act quickly on
the complaint to avoid legal liability. As a general rule, if you
are able to control the content and someone complains to you about
material on the page, you can get in trouble if you don't take
Someone else is pinning my pictures!
Be flattered. But, if this activity is affecting your business
in a not-so-good-way, then contact the offending party and politely
ask them to stop using your pictures (or charge them $$$ for doing
so). If this direct approach doesn't work, you might have to go
legal on their ass.
I've received a copyright infringement complaint,
what do I do?
Stop using the infringing image if you don't have consent.
Copyright in a photo is owned by the photographer. Seek consent
from the owner (where possible), or at least acknowledge their
contribution. Don't be guided by the "everyone else is
doing it so it must be ok" principle on this, that'll be
no defence if you get sued. Copyright infringement damages can ruin
Someone offered to sell me an entire email database to
help me with marketing my products. Should I be
Probs not. Before purchasing, don't be afraid to ask the
tough questions: Where were the emails sourced from? Did the owners
consent to their sale? There are fancy laws governing the use of
personal email addresses for marketing purposes without the express
consent of the recipient. Hefty fines apply if you fail to comply;
don't get stung.
We do not disclaim anything about this article. We're
quite proud of it really.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The issue of recording telephone calls was recently considered in the Federal Court in Furnari v Ziegert  FCA 1080.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).