Blog

23/02/18

Has your business been hacked? You may need to comply with the new Notifiable Data Breach scheme

From 22 February this year your company may be required to notify the Office of the Australian Information Commissioner (OAIC) and affected individuals if personal information held by your company is accessed, lost or disclosed in circumstances that are likely to result in serious harm to the individuals affected. What are the changes? Under the...

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Was/now pricing – Is it worth the risk?

When sales season rolls around, businesses will look to catch the wandering eyes of customers with flashy advertising promoting their product discounts. But advertisers developing “price-cut” or sales campaigns need to make sure the strategy does not backfire and result in unwanted attention from the Australian Competition and Consumer Commission. A common sales tactic is...

‘Sugar-coating’ health claims in advertising

The Australian Competition and Consumer Commission (ACCC) is sending a warning to food companies to make honest and truthful claims on food packaging in its Federal Court case against H.J. Heinz Company Australia Ltd (Heinz). Background In June 2016, the ACCC commenced proceedings against Heinz, alleging that it made false and misleading representations and engaged...

The Rise of Influencer Hijacking

Some brands have been attempting to hijack an influencer’s selling power without paying them a penny, explains DVM Law. There is no denying that certain social media users have the ability to influence the purchasing decisions and behaviours of their followers. It is becoming increasingly evident that brands are trying and succeeding in leveraging this...

Testing the Bounds of Social Influencer Disclosures

Back in February we broke down what the new guidelines from the Australian Association of National Advertisers (“AANA”) would mean for brands and agencies engaging social media influencers. The Advertising Standards Board has now given insight into what level of disclosure is expected under Section 2.7 of the AANA Code of Ethics (“Code”) in its...

Challenge! A trade marks match

Rising tennis star Thanasi Kokkinakis has found himself off the tennis court and in the Federal Court, after international cereal giant, the Kelloggs Company (“Kelloggs”), served TJ Kokkinakis Pty Ltd (“Kokkinakis”) with legal proceedings in attempt to stop Kokkinakis from using his nickname ‘SPECIAL K’ commercially as a trade mark. A Trade Marks Warm-Up “A...

“I am the Greatest” – when exaggerated claims in advertisements are misleading

Two leading real estate advertising companies have gone head-to-head in the Federal Court in the case of REA Group Limited v Fairfax Media Limited [2017] FCA 91 over an advertising campaign run by Fairfax Media (Fairfax) for their popular property destination, Domain. REA Group Limited (REA), who are associated with realestate.com.au, alleged that Fairfax had...

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