A strong, distinctive brand is a valuable asset of your business that will enable you to stand out from your competitors and build loyalty and trust with your customers. It is important to protect that asset and the best way to do this is use trade mark protection for your brand. In this article, we explain what trade marks are and the benefits of using trade mark protection.
The Fair Trading Act 1986 (FTA) was amended last month to ban businesses from engaging in unconscionable conduct. When introducing the legislation at its first reading, Minister David Clark said that it was “necessary to deal with a very small minority of businesses that take advantage of the vulnerabilities and lack of bargaining power of consumers or other businesses”. This update explains the new law, considers some Australian cases where the equivalent law has been applied and suggests some steps businesses can take to avoid breaching the new law.
Franchisors should be aware that changes to the Fair Trading Act 1986 (FTA ) are now in force which mean that all standard form business to business contracts with an annual threshold value under $250,000 (including GST) will be subject to the same unfair contract terms rules that already apply to business to consumer contracts. Set out below is a brief summary of the application of the unfair contract terms rules to franchise documentation. For more detail, please see our top 10 things to think about article here.