Consumer Protection, Advertising, Marketing and Brand Protection

Marketing and brand strategy drive growth in consumer markets. Pricing models, product claims, sustainability positioning and promotional campaigns create opportunities to build market share and strengthen customer relationships across physical and digital channels.

These activities operate within a complex regulatory framework led by the Australian Consumer Law (ACL), alongside competition, intellectual property, privacy and digital communications laws. Successful consumer businesses need marketing and promotional strategies that are commercially effective while remaining legally robust.

We advise retailers, FMCG manufacturers, consumer brands, digital platforms, online marketplaces and app-based businesses, automotive and consumer health companies, and direct-to-consumer innovators across the full spectrum of consumer protection, advertising and brand risk. Our work spans go-to-market strategy, pricing and promotional frameworks, campaign development and substantiation, as well as protecting and enforcing the brand assets that underpin market position.

We advise on:

Misleading or deceptive conduct, including comparative and performance claims
Advertising clearance, substantiation strategy and campaign risk assessment
Pricing conduct and transparency obligations
Unconscionable conduct and systemic compliance issues
Unfair contract terms, subscription models and consumer guarantee frameworks
Promotional mechanics, competitions and loyalty programs
Website and online sales terms
Sponsorship, endorsement, signage, hospitality and experiential marketing arrangements
Sustainability and environmental positioning
Direct marketing, privacy, spam and digital communications compliance
Advertising agency, creative, digital and media buying agreements
Licensing, merchandising and brand collaboration agreements
Trade mark portfolio strategy and brand enforcement
Domain name protection, counterfeit response and online brand misuse
Ambush marketing and competitor advertising disputes

Where disputes arise, we act swiftly to protect market position, including urgent injunctive relief, coordinated enforcement campaigns and strategic response to competitor claims.

Experience

Accent Group

Managing the global trade mark portfolio and acting in trade mark disputes for multiple divisions, including The Athlete’s Foot, Hype DC, Platypus, Nude Lucy, Sports Direct and Stylerunner.

adidas Australia

Principal legal adviser to adidas Australia for over a decade, advising on marketing and sponsorship strategy, including major athlete and sporting body sponsorships (including the Olympic Games), and negotiating a wide range of sponsorship, licensing, agency and promotional agreements.

Labelmakers

Acted for one of Australia’s largest label producers in Federal Court proceedings against five former employees who departed with valuable confidential information and breached fiduciary duties. The matter included securing interlocutory injunctions and preservation orders to protect critical evidence.

Apple

Acted for Apple in Copyright Tribunal proceedings concerning a licence scheme proposed by APRA AMCOS for the reproduction and communication of musical and literary works by the subscription video-on-demand (SVOD) industry, securing Apple’s preferred licence terms for its Apple TV+ service.

Toyota

Advised Toyota Australia on a broad range of Toyota and Lexus marketing activities, including management of its Australian trade mark portfolio and the negotiation of major sponsorship arrangements with the AFL, Cricket Australia and leading football clubs.

Automotive clients

We advise a number of multinational OEMs including Volkswagen, Audi, Jaguar Land Rover, Ferrari, Toyota, Mercedes, Volvo and others, on a full range of Australian Consumer Law issues, from misleading conduct claims to unfair contract terms in dealings with suppliers and dealer networks.

Myer

Advised on the acquisition of certain assets and intellectual properties associated with various fashion brands including Sass & Bide, Wayne Cooper and Trent Nathan. We also regularly advise Myer in relation to brand protection, marketing and advertising issues.

IKEA

Advising IKEA on competition, consumer law and general advertising clearance across its Australian retail operations.

PENDING Optus

Advised on Singtel Optus' exclusive rights contract with the English Premier League in relation to live broadcast coverage and digital rights for broadband and mobile, and SingTel Optus' strategic rights arrangement with Cricket Australia.

PENDING Australian Manufacturer

Advising an iconic Australian manufacturer on compliance, marketing and competition issues across its retail operations.

A2 Milk Company

Long-standing adviser to The a2 Milk Company Limited on brand and product differentiation strategy, including health claims compliance, patent issues and trade mark enforcement. Successfully acted in multiple Federal Court appeals and infringement proceedings relating to core brand assets.

Wal-Mart

Trusted adviser for over 10 years on the management and protection of Walmart’s Australian brand portfolio, supporting a globally recognised retailer with strategic trade mark and enforcement advice.

Optus

Key consumer law adviser for over a decade, including on advertising and marketing, compliance strategy, private litigation and regulatory investigations. This includes successfully defending and initiating three separate proceedings against Telstra in relation to advertising claims within three years, achieving a 100% success rate for Optus.

Virgin Australia

Advised on consumer law compliance, including refund policies and Australian Consumer Law consumer guarantee obligations, in the context of the COVID-19 pandemic and the insolvency of the Virgin Australia Group.

Novartis Group

We advised on ACCC proceedings in the Federal Court against GlaxoSmithKline Healthcare Australia and Novartis Consumer Health Australasia, alleging false or misleading representations in the marketing of two Voltaren pain relief products containing the same active ingredient.

DHL

We advise DHL on competition and consumer law including ACCC merger control and unfair contract terms reviews across its consumer-facing and logistics contracts, including assessment of compliance with Australian Consumer Law unfair contract terms provisions.

Sportsbet

Advising Sportsbet on marketing, advertising and related consumer compliance matters. We also manage Sportsbet's global trade mark portfolio and represent it in trade mark disputes against wagering competitors.