Australia: Advertising, Marketing & Branding

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Entertainment law, media law and telecoms law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as advertising, marketing and branding, broadcasting, gaming, hotels and hospitality, publishing, and mobile and cable communications.
Article
When “Down Down” Wasn’t Really Down - Federal Court Rules Against Coles
In its judgement delivered on 14 May 2026, the Federal Court has found that Coles engaged in misleading conduct in relation to its long-running “Down Down” promotion, accepting the ACCC’s case that many advertised discounts were not genuine. The Court held that 13 of the 14 sample “Down Down” tickets examined in the hearing conveyed false or misleading price discount representations because the stated “was” price had not applied for a reasonable period before the promotion.
Australia Consumer
BP
Bartier Perry
Article
Not Just Marketing. It’s Personal. OAIC’s Warning
The Australian privacy regulator has fundamentally reframed how tracking pixels must be assessed under privacy law, particularly in sensitive contexts like healthcare. Recent enforcement actions reveal that common digital marketing tools can constitute the collection and disclosure of sensitive personal information, requiring explicit consent and robust governance frameworks that many organisations currently lack.
Australia Privacy
BP
Bartier Perry
Article
Will The Real Swim Shady, Please Stand Up?
Eminem's legal team has challenged an Australian beach lifestyle brand's trade mark application, arguing that 'Swim Shady' is confusingly similar to his iconic 'Slim Shady' persona. Australia's Registrar of Trade Marks has now ruled on whether the rapper's existing Australian registrations provide sufficient grounds to block the beach brand's application, with the decision turning on evidence of genuine use across merchandise categories.
Australia IP
B
Boult Wade Tennant
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