Can a competitor use my business name as a keyword search on paid search engine listings?

If somebody had said that to you twenty years ago, you would have told them to take the medication. And, if you’ve ever tried to wrap your head around 21st-century internet advertising, you probably felt like you might need the prescription too. When a business pays a search engine hard cash to feature its ad […]

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Are Memorandum of Understanding or Heads of Agreement, MOU or HOA, a Binding Contract?

That depends. If two businesses or organisations are entering into big or complicated projects or relationships, sometimes people on either side like the idea of a symbol of commitment before the final contract. Usually in this situation, the parties start with a basic Memorandum of Understanding or a Heads of Agreement. Maybe there’s pressure from

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Is a ‘Statutory Demand For Debt’ the Best Way to Recover Money a Company owes you?

What do you do if a company owes you money and offers no reasonable payment date? You might send a pro forma Letter of Demand demanding payment by a specific date and threatening legal action if it doesn’t happen. You might even have a solicitor write a letter of that type. That will probably do

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Trademark Registration: 5 Steps to Protect Your Business Name and Logo

You will find goodwill and business reputation, and therefore customer patronage, connected with the name and logo mark of an established, well-marketed business. Branding and get-up can differentiate your business identity from others in your market segment. With that in mind, we offer five tips for small businesses. Register your business name with the Australian

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Copyright Infringement – What Can You Do When Someone Infringes your IP?

A vast amount of US-owned’ intellectual property’ has been shamelessly plundered in some countries. US movies and music etc., are regularly pirated or bootlegged and can result in jail time for copyright infringement as a criminal activity like in a high-profile case of 23 October 2017.1 But that’s not the main problem facing most small business

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What can you Tax-Deduct when Starting a Business?

Suppose you’re starting a new small business, changing the ‘business structure’ (like incorporating it), raising capital (equity), or even trying to take over or defend against one. In that case, you can tax-deduct the professional (legal, accounting etc.) expenses associated with the process. These expenses cannot include asset depreciation or are deductible anywhere else in

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What to do about Copies, Rip-offs and Counterfeits: ‘Passing off’ and other legal remedies

What is ‘passing off’? A ‘passing-off’ action is available against a rival trader who has engaged in conduct that misleads or deceives consumers into thinking the goods are connected or sponsored by the complainant trader due to the rival trader using branding or product appearance very similar to that of the complainant trader. The latter

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Recent Cases: Directors Legal Liability for the Wrongs of the Company

The way that courts are looking at directors’ duties these days, you have to look at the whole situation of the company. Particularly as directors can become personally liable for decisions made in their capacity as a director of an Australian company. This applies to all the directors’ duties outlined in the Corporations Act 2001,

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