Kyle and Jackie O will broadcast their last breakfast show on
2Day FM, which is part of the Southern Cross Austereo network, on
Friday, 29 November 2013. With Kyle and Jackie O's pending
departure from Austereo to go to a rival network, there have been
reports in the media as to a dispute between Austereo and Kyle and
Jackie O as to ownership of the "Kyle & Jackie O"
Facebook fan page.
Kyle and Jackie O have been with 2Day FM for 13 years. They have
a Facebook fan page with just under 200,000 followers. Austereo is
the owner of the registered trade mark "Kyle and Jackie
It has been reported that Austereo is considering rebranding the
Facebook page with the name of the new 2Day FM breakfast team,
rumoured to be Jules Lund and Sophie Monk.
The dispute between Kyle and Jackie O and Austereo as to the
ownership of the Facebook fan page raises some of the issues
covered in our article "Social Media in the Workplace –
Pitfalls for Employers" which discussed, amongst other things,
the US case of PhoneDog v Kravitz1 (
Social Media in the Workplace: Pitfalls for Employers)
In the PhoneDog case, a former employee of PhoneDog changed the
name of his twitter account, while maintaining his followers gained
while employed by PhoneDog, to advertise the same goods and
services for his new employer, a rival of PhoneDog. The Californian
Court found in favour of PhoneDog.
As Austereo is the owner of the registered trade mark of Kyle
and Jackie O, it will have the rights to the branding of the
Facebook fan page, unless there is some agreement between the
parties to the contrary.
Austereo and Kyle and Jackie O are in discussions regarding the
ownership of the Facebook fan page and the trade mark.
We are yet to see a high profile decision in Australia regarding
the ownership of social media fan pages/followers. We await with
interest as to whether the Austereo and Kyle and Jackie O dispute
will need to be decided by the Court and therefore give employers
some guidance on how an Australian Court will approach a similar
situation as the US Courts faced in the PhoneDog case.
1Northern District of California Case No. C
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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