Consumer Protection, Marketing and IP in Consumer & Retail

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 consumer and retail businesses of all sizes operating across all sectors shaping the Australian and global economy - from prominent global multinationals to national retail chains and franchise networks and everything in between. This includes retailers, FMCG manufacturers, consumer brands, digital platforms, online marketplaces, app-based businesses, automotive manufacturers and distributors, consumer health companies, and direct-to-consumer innovators, providing advice 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.