Australia: Advertising, Marketing & Branding

The Federal Court of Australia has ruled that Coles Supermarkets' 'Down Down' promotional pricing was misleading to consumers, despite the advertised prices being factually accurate. The case examines whether temporary price increases followed by promotional discounts constitute genuine savings, and establishes critical standards for how long a higher price must be maintained before retailers can legitimately advertise it as a discount reference point.

Advertising, Marketing & Promotion Comparative Guide for the jurisdiction of Australia, check out our comparative guides section to compare across multiple countries

The High Court has clearly set out in Self Care v Allergan that the reputation of a trade mark is not relevant when assessing deceptive similarity in infringement proceedings.