Ouch! Federal Court of Australia imposes $4.5 million-dollar penalty for misleading marketing of pain-relief products

The Federal Court has handed down a significant $4.5 million penalty over misleading claims made with respect to the over-the-counter muscular pain relief products, ‘Voltaren Osteo Gel’ and ‘Voltaren Emulgel’.  The decision in Australian Competition and Consumer Commission v GlaxoSmithKline Consumer Healthcare Australia Pty Ltd (No 2) [2020] FCA 724 makes it clear that the read more...

Beer in the clear: Full Federal Court declares no prohibition on ‘Pacific Ale’ trade mark

Trouble brewing In the past few years the Australian craft beer market has experienced significant growth, with hundreds of independent breweries springing up around the country.   But competition is not always friendly and in 2015 trouble began brewing between two interstate rivals, Stone & Wood and Elixir.  The dispute eventually spilled over into the courts, read more...
Subjects: Trade marks

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High Court bundles up TPG with a $2 million penalty for misleading advertising

The High Court’s reasons for judgment in ACCC v TPG Pty Ltd [2013] HCA 54 serves as a warning to advertisers that campaigns designed to emphasise the most attractive component of an offer must be carefully designed so not to have the tendency to mislead and deceive consumers.  The lesson for advertisers is to ensure read more...