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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 with the equivalent offering of a competitor. This is usually done to highlight limitations of the competing offering and demonstrate the promoted offering’s superiority. Businesses may draw comparison with the competing offering: directly – by referring to, or displaying the offering e.g. use of images …

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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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