Twomey Dispute Lawyers, based in the Gold Coast, revealed that many companies could face significant repercussions if their digital advertisements fail to comply with Australian consumer law.
Tegan Childs, partner at Twomey Dispute Lawyers, says while it’s completely normal to pay for another company’s AdWords, misleading and misleading behavior comes into play when a company mentions another company or its brand throughout his announcement.
“The easiest way to understand this is when a company creates, for example, a Google ad and uses another company’s name or brand written in the meta tags, tagline, link, title or ad text,” Childs said.
“This may mislead and confuse consumers who click on this advertisement and may think that there is a collaboration between the two companies or that they are related in some way.
“If you’re doing paid advertising, it’s important not to do anything that tries to convey or confuse people that your product or company might be similar to that of a business rival.”
The Gold Coast-based company says most cases of misleading and misleading conduct in the digital space involve small businesses or business rivals.
“While looking at competitors is okay to help influence your marketing goals, using another company’s brand or brand image in your campaigns is not,” said Childs.
“Because if any of your digital marketing activities mislead people into believing that you are similar or connected, you could expose yourself to many liabilities with serious repercussions.
“You could be infringing trademarks or copyright, as well as engaging in misleading and misleading conduct.
“There are companies that have spent a lot of time and money building a brand, a reputation and a certain following, and if they see someone trying to mop that up, chances are they ask for legal aid.”
Online advertising currently accounts for 64% of the market and more businesses are adding a digital spend to their budget, but Twomey Dispute Lawyers are warning those in the marketing industry that they also need to be aware of Australian consumer law.
“If you represent a business and curate their paid content online, the same rules apply, don’t use a competitor’s brand in those ads,” Childs added.
“It’s important for companies working alongside an external marketing company to manage their digital ads, to ensure they have an intermediate capability to view all ads before they go live.
“In most cases, businesses don’t know their customer base is being used by another business until they Google themselves and see their name, brand or slogan in a paid advertisement.
“If you find that your rights have been violated and another company uses your branding in their digital advertising, there are several remedies available to you, but first you should seek legal help.”
Twomey Dispute Lawyers provide high-level litigation advice and expertise in finding solutions and resolutions for several specialist legal practice areas, including defamation, intellectual property, labor law, debt collection, corporate insolvency and bankruptcy, property, shareholder disputes and construction law.