“Monster” – New direction on advertising evidence from the Federal Court?
Over recent years, some members of the Federal Court have been sceptical about advertising evidence. In Cadbury v Darrell Lea, Heerey J made it clear that expert marketing evidence could prove an expensive waste of time. In his view, judges were well placed to determine themselves the brand impact of different types of packaging and marketing. Heerey J was not alone in this view, although the Full Court did overturn his decision to exclude expert evidence from the case. Now, the "Monster" case shows that the debate continues, but is perhaps trending towards an accept read more...
