Tag archives: Advertising

Ad Standards Canada updates its Dispute Procedure

By NRF Digital Team on February 26, 2019 Posted in Advertising

Advertising Standards Canada (“Ad Standards”) is a not-for-profit self-regulatory body that provides competitors with a confidential forum for the resolution of advertising disputes as an alternative to a court action. The process for dispute resolution with Ad Standards is governed by the Advertising Dispute Procedure (the “Dispute Procedure”). The Dispute Procedure is intended to provide a … Continue reading

Are tougher days coming for approval of agribusiness certification trademarks in Australia?

By Georgina Hey (AU) and Amanda Caldwell (AU) on November 29, 2018 Posted in Advertising, Trademark

On 22 November 2018 the Australian Competition and Consumer Commission (ACCC) issued its initial assessment of the rules governing use of four certification trade marks in the name of OxoPak Pty Ltd, indicating its intention deny approval for the certification rules, and therefore the trade marks will be denied.… Continue reading

No use crying over spilt (plant-based-dairy-free-alternatives-to) milk?

By Georgina Hey (AU) and Isobel Taylor (AU) on September 24, 2018 Posted in Advertising

Every trendy café these days seems to have a selection of dairy-free milk alternatives as long as a wine list, from the usual suspects like soy, coconut and almond, to more unusual new favourites like rice, hemp, pea, flax and oat. With vegan, dairy-free or plant-based diets becoming more and more popular for health, environmental, … Continue reading

Amended Australian IP laws receive Royal Assent with little fanfare

By Georgina Hey (AU) and Isobel Taylor (AU) on September 24, 2018 Posted in Copyright, General, Trademark

On 24 August 2018, the creatively named Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill 2018 quietly received Royal Assent, with some parts of the new Act entering into force the following day. As the name indicates, the primary focus of the new legislation is to implement the recommendations made … Continue reading

V Energy loses a mother of a battle over color trademark: Australia court’s decision in Frucor v Coca-Cola

By Helen Macpherson (AU) and Alyson Poole (AU) on August 13, 2018 Posted in Trademark

We, as consumers, regularly associate colours with our favourite brands as we stroll down supermarket aisles and peer at billboards and banners in shopping centres. But for brand holders, gaining protection for proprietary colours is not a walk in the (green) park. The recent decision of Frucor Beverages Limited v The Coca-Cola Company [2018] FCA … Continue reading

Cybersquatters – How to protect your brand from unwanted ‘guests’ online

By Georgina Hey (AU) and Rebecca Brenikov (AU) on March 9, 2018 Posted in Advertising, Trademark

The internet is now the normal conduit for everyday personal, commercial and social transactions. It is more important than ever to ensure that your consumers know where to find your business online, and that no third parties are seeking to trade off your reputation in the online space. Domain names are the primary form of … Continue reading

What Brexit means for IP: The UK Law Society, the IP Bar, CIPA and CITMA weigh in on Brexit strategy

By Georgina Hey (AU) and Rebecca Brenikov (AU) on January 21, 2018 Posted in Advertising, General, Trademark

It’s no surprise that many in the professional and legal services industries are putting increasing thought into what the post-Brexit world will, or should, look like. The Chartered Institute of Patent Attorneys (CIPA) in the UK has been the latest body to put its two cents (or pennies) into the mix. Brand owners from all … Continue reading

Managing your products when a patent expires – how good brand management can maintain product and brand awareness, and build market share

By Georgina Hey (AU) on November 21, 2017 Posted in Advertising

The Australian Government’s recently expressed interest in cracking down on misuses of market power may have left some patent holders with concerns about the proposed amendments to the Competition and Consumer Act 2010 (the Act). All the fuss relates to section 46 of the Act: the provision which prohibits a company with a substantial degree … Continue reading

Telstra hits a home run in defending its “Go to Rio” Olympiads

By Frances Drummond (AU) and Isobel Taylor (AU) on October 30, 2017 Posted in Advertising

Last year, we reported on a decision of the Federal Court of Australia, in which the Australian Olympic Committee (AOC) unsuccessfully sought injunctive relief to prevent Telstra from running its “Go to Rio” advertising campaign in the lead-up to the 2016 Summer Olympic Games in Rio.[1] In an attempt to preserve the value of its … Continue reading

Rebranding 4.0: Why authenticity matters to socially-aware consumers, and how to convey it

By Georgina Hey (AU) and Rebecca Brenikov (AU) on October 17, 2017 Posted in Advertising, Trademark

Increasingly affordable renewables, coupled with consumers’ sensitivity to environmental, social and governance (ESG) issues, are driving a profound shift in energy markets worldwide. Nowhere is this more apparent than in brand equity, and the trust levels displayed by the public towards traditional energy businesses versus green, dynamic start-ups. Rebranding is a powerful tool to close … Continue reading

Rebranding in the energy market – The issues to consider

By Georgina Hey (AU) and Sophie Lees (AU) on August 1, 2017 Posted in Advertising

A number of energy giants have recently undergone corporate rebranding exercises. The motivations of these powerhouses often vary, from unifying a group after a series of mergers and acquisitions, to repairing reputational damage, to just aligning with a new corporate vision. Tesla dropped “Motors” from its branding in 2016 to promote its clean energy solutions … Continue reading

Marketing class actions – A new frontier

By Toby Biddle (AU) and Helen Macpherson (AU) on June 1, 2017 Posted in Advertising

Australia has a long history of class action litigation. Outside of the United States, Australia has one of the most active class action markets globally. It is 25 years since the introduction of the class action regime in the Federal Court of Australia. Since its introduction, the class action regime has been used as a … Continue reading

Web Advertising – Complying with FTC’s “Clear & Conspicuous” Rule

By Mayura Noordyke (US) on April 13, 2017 Posted in Advertising

Increasingly, companies are turning to the internet and social media platforms to advertise their products, often by using native advertising or by providing incentives such as payments or free products to social media “influencers” (Instagrammers, Pinners, Bloggers and Vloggers, to name a few) in exchange for an endorsement. As we have previously discussed, the FTC … Continue reading

Package as “Advertising”

By Susan Ross (US) and Robert Rouder (US) on December 6, 2016 Posted in Advertising

On October 17, 2016, a US federal trial court in the District of Columbia ruled that a competitor may pursue a Lanham Act claim for false advertising due to a container of black pepper. Watkins Inc. v. McCormick & Co., Inc., Case No. 1:15-cv-2188 (ESH) (D.D.C. Oct. 17, 2016) (2016 WL 6078250). In ruling on … Continue reading

Competition Bureau alleges Moose Knuckles’ “Made in Canada” claims are false and misleading

By Karen Sie (CA) on April 29, 2016 Posted in Advertising

On April 26, 2016, Canada’s Competition Bureau filed an application with the Competition Tribunal alleging that Moose International Inc., carrying on business as Moose Knuckles, engaged in deceptive marketing practices and that the “Made in Canada” claims associated with certain of its parkas and other apparel are false and misleading. Under the Competition Bureau’s Enforcement … Continue reading

Amarin and FDA settle off-label suit

By Robert Rouder (US), Katharyn Grant (US) and Saul Perloff (US) on March 9, 2016 Posted in Advertising

As we reported last August, US District Judge Paul Engelmayer ruled that Amarin Pharma has a First Amendment right to truthfully promote its prescription drug Vascepa for off-label uses. August 10, 2015, article. Shortly afterward, Amarin and the government entered settlement talks. August 31, 2015 update. We are now able to report that on March 8, … Continue reading