Retail Thera-IP
Your Weekly Dose of Legal Advertising and Marketing Updates in Australia

MARKETING WARFARE SERIES – PART II: COMPARATIVE ADVERTISING

A strategy often used by competing brands is comparative advertising. With numerous cases brought in the Federal Court of Australia each year and the potential for considerable pecuniary penalties, businesses should approach this strategy with caution. What is comparative marketing? Comparative advertising is, as its name suggests, an advertisement that compares a product or service […]

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MARKETING WARFARE SERIES – PART I: AMBUSH MARKETING

To get an edge over competitors, businesses often resort to aggressive marketing and advertising strategies to promote their products. While these campaigns are usually creative, amusing to consumers and highly effective for attracting publicity, they can have unforeseen consequences, such as agitating a competitor into taking action against the aggressor. In this series (this is […]

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Consumer Law Update: Headline Pricing and Expanded Investigatory Powers

On 26 October 2018, the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018 (Cth) came into effect, amending a number of key provisions of the Australian Consumer Law (ACL) and extending investigatory powers available to the Australian Consumer and Competition Commission (ACCC) and Australian Securities and Investments Commission (ASIC). This comes as a timely […]

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New Federal Gift Card Regulations

Ever find a gift card in your wallet from last Christmas, only to find out it’s already expired? The Federal Government is introducing new regulations that will make the rules relating to gift cards more consumer friendly.  Back in June this year, we reported on the changes to requirements for gift cards sold in NSW, which […]

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China Update: “Daigou” Marketing and Brand Protection

As one of the largest retail markets in the world, China has become a highly desirable destination for businesses to advertise and sell their products. Over the past few years, test marketing through “Daigou” (“代购”) has become a popular way for Australian businesses to measure potential demand in the Chinese market and decide whether to commit […]

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Cosmetics Labelling Guide Released by ACCC

Recently, the Australian Consumer and Competition Commission (ACCC) released a guide on labelling requirements that apply to cosmetics products sold in Australia. This comes as a timely reminder for businesses that produce and supply cosmetics products to ensure that they comply with mandatory standards under the Trade Practices (Consumer Product Information Standards) (Cosmetics) Regulations 1991 […]

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Tax Update: A New Digital Tax in Australia?

Following its announcement in May, the Australian Government has now released a discussion paper, raising a debate on whether Australia should introduce a new interim digital tax (Discussion Paper). The Discussion Paper refers to digital businesses with a significant “digital footprint” in Australia that may not necessary have a physical (or tax) presence in Australia. […]

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