Consumer Law

22 Feb 2013

Mark Gavin
Lucy Archer

Authors
Mark Gavin
Lucy Archer
Categories
Consumer Law
Litigation

Advertisers, not Google, liable for content in 'sponsored links'

On appeal, the High Court of Australia has unanimously held that Google is not liable for misleading or deceptive representations in sponsored links; reversing the earlier decision of the Federal Court of Australia made in April 2012.

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23 Oct 2012

Mark Gavin
Stephanie Melbourne

Authors
Mark Gavin
Stephanie Melbourne
Categories
Consumer Law
New Legislation

Consumer Law Reform Bill – A step closer to Trans-Tasman alignment

The Consumer Law Reform Bill includes a number changes to New Zealand’s core consumer legislation which is intended to closer align it with Australian consumer law. On 2 October 2012, the Commerce Select Committee reported back to the House on the Bill, recommending a number of further significant changes. 

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15 Oct 2012

Mark Gavin
Lucy Archer

Authors
Mark Gavin
Lucy Archer
Categories
Advertising Law
Consumer Law

Nudity in Advertising

Some of the most famous artworks in history depict the human body in its purest form: nude. Take for example ‘David’ by Michaelangelo or ‘The Birth of Venus’ by Botticelli, both of which are widely accessible and acclaimed in modern day society. Put these figures in a different context and a once ‘beautiful’ subject can be transformed into a subject of consumer complaint.

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2 Aug 2012

Mark Gavin
Stephanie Melbourne

Authors
Mark Gavin
Stephanie Melbourne
Categories
Consumer Law
Corporate
Intellectual Property

Brand Extensions

Extending an existing brand is often seen as a more cost effective method compared to introducing a new brand, with less risk and greater chances of being successful due to consumer familiarity with the established brand. However, brand extensions are not always as triumphant. From a legal perspective, you need to be equally cautious when extending a brand so as to not infringe other’s rights and to ensure that the brand extension is also capable of being protected from infringement by others.

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15 May 2012

Mark Gavin
Lucy Archer

Authors
Mark Gavin
Lucy Archer
Categories
Intellectual Property
Consumer Law
Advertising Law

Comparative Advertising

If brand X is cheaper than brand Y, how can it go about making this expressly known to consumers? Leaving creative and emotional advertisements to the side, comparative advertisements can be an effective way of creating interest where the benefit relied on is a simple fact or figure.

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