Branding

The Elephant in the Womb: FSANZ Calls for Submissions on Proposed Mandatory Pregnancy Warning Labels on Alcoholic Beverages

Food Standards Australia New Zealand (FSANZ) has recently called for submissions on proposed mandatory warning labels to inform consumers of the dangers of drinking alcohol while pregnant. Despite the Australian and New Zealand governments regularly issuing health warnings against consuming alcohol while pregnant, recent studies conducted by FSANZ have found that consumers do not recognise that drinking “small amounts” of alcohol is also dangerous to foetuses, and considerably increases the risk of Foetal Alcohol Spectrum Disorder. The Proposal In response to these recent studies, FSANZ is proposing to introduce a mandatory pregnancy warning labelling requirement for all packaged alcoholic beverages …

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Not Bhed, Good Trade Mark: Infringement, Ten Seconds In?

It was recently reported that the man behind the “not bhed, good syze” fishing video is taking steps to trade mark the catchphrase that made him a viral sensation in Australia.  With the video’s star now capitalising on his new found fame, including starring in an advertisement for a space rental start-up, this has left many wondering whether they will have to refrain from uttering their favourite phrase, or otherwise run the risk of infringing his trade mark… In short, not necessarily.  Setting aside whether or not the phrase is sufficiently distinctive to qualify for registered trade mark protection, the …

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No More Sugar Coating: Government Orders Review of Nutrition Labelling for Added Sugars

They say you are what you eat…. But it’s doubtful that most Australians would be comfortable saying that they are the 10 (or more) teaspoons of sugar they consumed in their last can of soft drink.  However, we may well soon be confronted with these images given that labelling that displays this information pictorially is set to be considered by Food Standards Australia New Zealand (FSANZ) as part of a recently announced review of nutritional labelling for added sugars (the AS Review). This comes as a timely reminder for businesses that manufacture, package and supply food and beverages to ensure …

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Online marketing and trade marks: To infringe, or not to infringe?

…Whether ’tis nobler in the mind to suffer The slings and arrows of poor searchability, Or to take arms against a sea of competitors (with SEO and Adwords) As online visibility becomes essential for connecting with consumers, businesses are increasingly investing in measures to improve traffic on their websites. Some of these include acquiring strategic domain names, using search engine optimisation services, and paid search engine advertising. However, in employing these measures, it is important for businesses to ensure that they do not infringe the trade marks of their competitors. Terminology To unpack the jargon: a domain name is an …

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Digital marketing update: Shoppable content, unreal and nano influencers, virtual home assistants and ads in messaging apps

In a world of exponential technological growth, consumers make purchasing decisions across an array of media platforms. When developing new methods of delivering a personalised and convenient consumer experience across these platforms, businesses should therefore factor in the risks involved including the application of the Australian Consumer Law (ACL). In this update, we take a look at some of the predicted tech trends for 2019 and flag the associated legal issues you should bear in mind. Shoppable Content – In the footsteps of the Chinese app WeChat, Instagram is expected to roll out an in-app purchase feature this year, allowing users to …

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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 to full entry. However, this can be highly risky for brand owners that have not developed a Chinese brand and/or secured their IP position in China. Below, we set out a number of risks that brand owners should consider prior to using “Daigou” marketing, and …

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