Mallesons Stephen Jaques
Advertising and marketing

Representative matters

Next G Proceedings
Advisor to Telstra in defending proceedings brought by the ACCC in the Victorian Federal Court in relation to Telstra’s advertising of its Next G mobile network. The ACCC alleged that certain pieces of Telstra’s advertising were misleading and deceptive and/or comprised false representations in breach of the Trade Practices Act.

Saab Grrrrrrreen advertising campaign
Advisor to GM Holden in relation to Federal Court proceedings instituted by the ACCC against GM Holden. The ACCC has alleged that Saab’s “Grrrrrrreen” advertising campaign contained misleading ‘green’ claims about Saab’s program to plant trees to offset one year’s worth of carbon emissions.

Advertising Law
Advisor to Telstra in providing legal advice on all aspects of advertising and marketing laws, as part of Telstra’s advertising approval process. Telstra is one of Australia’s largest advertisers and all advertising material is legally reviewed before publication. In addition we have acted for Telstra in commencing a number of proceedings against competitors seeking interlocutory injunctions to restrain further publication of misleading advertising material and in defending similar applications.

Telstra’s application for the colour yellow
Advisor to Telstra/ Sensis to register the colour yellow for its Yellow Pages® directories and related products. This matter brings together our in-depth understanding of the client and its business, as well as our intellectual property expertise.

Telstra Consumer & Channels, Telstra Products, Strategic Marketing, Telstra Country Wide and BigPond
Advisor to Telstra on the roll-out, marketing, advertising and consumer/business offers for its new Next G network and the closure of its CDMA network.

Telstra Corporation Ltd v Premier Media Group Pty Ltd and News Digital Media Pty Ltd
Advisor to Telstra on the first copyright dispute in Australia concerning the scope of fair dealing in sports footage on the Internet and over mobile phones. Mallesons’ team achieved an acceptable commercial result for Telstra, which established clear boundaries, including strict time limits, to regulate the use of NRL footage by the respondents on the internet and to mobiles.

Nestlé Australia - acquisition of Uncle Toby’s
Advisor to Nestlé Australia on its acquisition of iconic Australian food companies, The Uncle Toby's Company and Uncle Toby’s Foods. The famous Australian brands acquired by Nestlé include Uncle Toby's, Vita Brits, Rollups, Reels, Le Snak and Country Cup. We also advise Nestlé Australia generally on advertising and marketing law issues in Australia.

SPI Group - Stolichnaya trade mark litigation
Advisor to SPI Group on Federal Court litigation, concerning the Stolichnaya trade mark, one of the world’s top vodka brands. It is part of worldwide litigation against the Russian Government and is likely to become one of the most significant trade mark cases in Australia.

 

 

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