Misleading or Deceptive Conduct (Brand and Marketing Disputes)

Overview

Brand and marketing disputes are not always confined to intellectual property rights. They can also involve allegations that branding, advertising, or online conduct is misleading or deceptive, or otherwise creates unfair commercial confusion. We advise clients where trade mark, brand, and consumer law issues intersect and where a broader legal strategy is needed.

Service Spotlight

These disputes often involve a combination of legal rights, market positioning, and commercial reputation. We help clients assess whether the issue is best approached as a branding conflict, a trade practices issue, an IP matter, or all three, and then structure the response accordingly.

Specialists and practitioners

FAQs

Can a branding dispute involve misleading or deceptive conduct even if there is no registered trade mark?

Yes. In some cases, branding and marketing conduct may raise trade practices issues even where registered rights are limited or absent.

Are these disputes only about advertising copy?

No. They can also involve names, packaging, online content, visual presentation, comparative statements, and broader market-facing conduct.

Can you help with both risk review and active disputes?

Yes. We assist with pre-publication review, competitor complaints, enforcement, defence, and broader strategic advice where brand and marketing conduct is in issue.