Category:
Advertising, Communications, Media, PR & Creative Agencies

Data breach! Update to Australian privacy law

In our increasingly online economy, data breaches are an unfortunate reality for all businesses, and a threat to consumer privacy and safety. A data breach is essentially any intentional or unintentional release of secure or private or confidential information to an untrusted environment. Now, the Privacy Amendment (Notifiable Data Breaches) Bill 2016 (‘the Amendment) will...
Social influencers, brands and agencies: AANA announce update to advertising laws
Clearly Distinguishable Advertising: The AANA pronouncement and the legal impact on brands, agencies & social influencers. It is evident from a casual gaze through social pages or comms industry commentary that brands are increasingly turning to ‘social influencers’ to promote their products through online social channels, with the intent of influencing consumer purchasing decisions in...
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ACCC bares its teeth for Christmas in wake of misleading advertisements
The Australian Competition and Consumer Commission (‘ACCC’) has celebrated the start of the holiday season with another high-profile win, again reminding advertisers of the risks associated with running misleading advertisements. The ACCC has recently taken on large market players such as Reckitt Benckiser, ANZ Bank and Macquarie Bank, which have been ordered to pay sizeable...
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Dulux’s claims about cooling benefits of its paint products found to be misleading
Dulux has been ordered to pay a pecuniary penalty of $400,000 for advertising misleading claims that paint products reduced the interior temperature of homes in Australian Competition and Consumer Commission v DuluxGroup (Australia) Pty Limited (No 2) [2016] FCA 1286. In the final proceedings to the action brought by the ACCC against DuluxGroup (Australia) Pty...
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IMDB suing California Attorney General to invalidate Actor Age Censorship Law
The topic of age discrimination has been brought to light in the past few years in Hollywood. Big names in the industry like Meryl Streep have lamented that once women have passed childbearing age they “could only be seen as grotesque on some level.” In response to these concerns, the State of California passed Assembly...
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ASB considers William Hill advertisement for breach of the AANA Wagering Code
Wagering and sportsbetting is a large industry in Australia; however, irresponsible gambling can have damaging effects. As such, the Australian Association of National Advertisers (‘AANA’) has implemented the AANA Wagering Advertising & Marketing Communication Code (‘the Code’) to ensure that advertisers and marketers uphold a “high sense of social responsibility” when advertising wagering products and...
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Things are about to get UGG-ly: Australian Manufacturer Takes on US Giant in Bid to Invalidate 1985 Trade Mark Registration
While many would consider “Ugg” to be a generic Australian name for a certain form of footwear, it was in fact registered as a trade mark in the US back in 1985 by Australian entrepreneur Brian Smith. The mark was subsequently sold to US footwear company Deckers, who have aggressively enforced the exclusive trade mark...
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