This update provides an overview of the legislative provisions and recent case law in regards to removing a trade mark from the register for non-use. The landmark 2010 decision in E&J Gallo Winery v Lion Nathan Australia Pty offers the first consideration of this aspect of trade mark law by the High Court of Australia… Read More
Read more“Green washing” in advertising, is a powerful marketing tool, enabling advertisers to tap into the growing consumer market for environmentally friendly products and services. In response to the increased proliferation of green marketing in recent years, the Australian Competition and Consumer Commission (‘ACCC’) is cracking down on unsubstantiated or misleading “green” claims. If your business… Read More
Read moreUnder the Australian Consumer Law, the ACCC has wide enforcement powers to combat ‘green washing’ claims. The ACCC has stepped up prosecutions in this area. This legal update looks at recent ACCC court actions on ‘green washing’ claims relating to false, misleading and deceptive representations [read more].
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Read moreUnder the Australian Consumer Reforms, the Trade Practices Act 1974 is being replaced by the Competition and Consumer Act 2010. Businesses must review and update their trade practices compliance procedures and manuals, existing contracts, warranties/guarantees to ensure compliance with the new regime. The Competition and Consumer Act involves a substantial restructure of the Trade Practices… Read More
Read moreThe Minister for Small Business DR Craig Emerson has announced the creation of an expert panel on franchising and unconscious conduct, as part of the ongoing inquiry into reforming these areas of trade practices law. The proposed reforms aim at providing increased protections for small business from anti-competitive conduct by more powerful and unscrupulous business…. Read More
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Read moreThe implied statutory warranties and conditions regime has now been replaced by a comprehensive new framework of statutory guarantees under the Competition and Consumer Act 2010. These new laws have important implications in the franchise industry. Any franchisors involved in the supply of goods and services to consumers will have to abide by the statutory… Read More
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