Category: Intellectual Property

In a high-profile reminder that claims made in advertising need to be properly substantiated and supported by evidence, the Federal Court has ordered Lorna Jane to pay $5 million in penalties for making false and misleading representations to consumers, and engaging in conduct liable to mislead the public, in connection with its “LJ Shield Activewear”.

This article was first published on 29 June 2021 by AMTIL.

Regardless of how you promote products and services to consumers, it is critical to ensure that all product packaging, advertising materials and marketing collateral complies with Australian Consumer Law (ACL), explain Ian Rosenfeld, Emma Simpson and Ian Liu.

Rigby Cooke Lawyers partner and Intellectual Property expert, Ian Rosenfeld, has been selected by Mondaq Ltd as its Exclusive Australian Contributor and author of the Australian chapter of the Mondaq Comparative Guide to Trademarks 2019.

Governments and, increasingly big companies, are using tender processes (including Request for Proposals and Request for Tenders) to award contracts to transport and logistics companies.

Privacy and data protection concerns the management of personal information. The definition of personal information is broad and captures most information about an identified or identifiable individual. This includes for example names, photographs, basic contact information, credit card details, health or genetic information and information about a person’s location at a specific point in time.

There has been a significant amendment to the Trade Marks Act 1995 which further entrenches the legality of parallel imports in Australia.

Privacy and data protection concerns the management of personal information. The definition of personal information is broad and captures most information about an identified or identifiable individual. This includes for example names, photographs, basic contact information, credit card details and information about a person’s location at a specific point in time.

Mandatory data breach reporting requirements commenced on 22 February 2018. Organisations that are bound by the Privacy Act 1988 (Cth) (Privacy Act) need to report certain data breaches to the affected individual(s) and the Australian Information Commissioner.

This is a timely reminder for both landlords and tenants of retail leases that pursuant to the legislation (Retail Leases Act 2003 Vic),

The Full Federal Court has dismissed an appeal by Chemist Warehouse, who argued that its competitor Direct Chemist Outlet (DCO) had adopted a get-up and colour scheme on their pharmacy storefronts which was likely to mislead or deceive consumers into believing that the two businesses were associated.

The Full Federal Court has dismissed an appeal by Chemist Warehouse, who argued that its competitor Direct Chemist Outlet (DCO) had adopted a get-up and colour scheme on their pharmacy storefronts which was likely to mislead or deceive consumers into believing that the two businesses were associated.