Emma Bathurst

Posts From This Author

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

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

20 December 2013
By Emma Bathurst
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 that the dominant or headline message of any commercial incorporates the key terms of the offer.
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Google uttered bAdWords – says Full Federal Court

Google uttered bAdWords – says Full Federal Court

5 April 2012
By Emma Bathurst
In the decision handed down on 4 April 2012 in ACCC v Google Inc [2012] FCAFC 49, the Full Federal Court of Australia (Keane CJ, Jacobson and Lander JJ) unanimously upheld the ACCC’s appeal against Google for misleading and deceptive conduct concerning the search engine’s manner of online advertising.
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Patent over plum in a pickle

Patent over plum in a pickle

13 December 2010
By Emma Bathurst
The liver-protecting, heart-strengthening, immune-boosting and circulation-pumping qualities of exotic flora and fauna are these days common claims being made by cosmetics giants across the world. 
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Vulgarians are consumers too, says Federal Court

Vulgarians are consumers too, says Federal Court

5 November 2010
By Emma Bathurst
In the recent decision of Australian Competition and Consumer Commission v Singtel Optus Pty Ltd [2010] FCA 1177, Justice Perram has held that the advertising and marketing for Optus’ broadband plans known as the “Think Bigger Plans” seriously misrepresented to broadband consumers that they would receive a certain amount of broadband for a specific price when in fact this was far from the case. 
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Lego’s Lawsuit Bricked by the ECJ

Lego’s Lawsuit Bricked by the ECJ

16 September 2010
By Emma Bathurst
After an 11 year battle by Lego to have its classic eight-studded red bricks trade marked in the European Union, the Grand Chamber of the European Court of Justice (ECJ) has upheld a 2008 ECJ General Court decision that dismissed Lego’s challenge to having its trademark rights in such bricks repealed, after objections from Canadian toymaker Mega Brands. 
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