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ARTICLE · 28 SEPTEMBER 2016

Part II: 12 problem words for promotional materials for financial services

The financial services laws contain little direct regulation of advertising, so these are our top 12 problem words.

AustraliaFinance and Banking

Intellectual property rights and defamation

Quoting from research or other materials that support your product or service can be a powerful marketing tool. So too is the use of celebrity endorsements, lifestyle images, logos and music. It is likely that these materials will be the intellectual property of another person. If you use the intellectual property of another person without their permission you risk a claim for damages from the owner as well as reputational issues.

When you are using the words, names or images of other persons, check carefully whether you need to get permission from the owner. Always cite your sources if you are relying on technical analysis.

Further, if something you publish harms the reputation of someone else then that person can seek injunctions to prevent the publication and recover damages from you. Before you disparage a competitor's products or services, consider whether anything you plan to say reflects on their reputation in a

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