IP Quick Intellect

All it took was for a Shona Mackin to undertake a quick Facebook search of one of her employees to discover that the employee’s so called ‘injury’ and claim for worker's compensation was fraudulent - and it was all downhill from there!

The recent social media dispute between travel blogger, Tuner Barr, and Swiss based global recruitment giant, Adecco Group has highlighted some important Intellectual Property (IP) issues that can arise in the social media sphere. Barr accused Adecco of ripping off his IP in its campaign entitled “Around the world in 80 Jobs”. Barr’s main gripe is that he had previously created a website called Around the World in 80 Jobs. Importantly Barr had never registered the name “Around the World in 80 Jobs” as a trade mark in Australia or internationally.

Have you ever posted or tweeted “in the heat of the moment” or vented your feelings via social media? I think most of us can admit to doing this. But have you ever stopped to think how this would affect you if you were embroiled in litigation. Many judges worldwide have acknowledged not only the role that social media plays in day to day life, but the pivotal role it may play in court proceedings. Because social media has become such an intrinsic part of our lives it has led to a number of judges authorising access to a party’s social media pages for the purposes of discovery.