Anisimoff Legal

Anisimoff Legal Specialist advertising, marketing & media law firm dedicated to providing practical commercial advice

Australia’s privacy landscape is on the brink of its biggest shake-up in years. The new Exposure Draft of the Privacy Am...
04/09/2026

Australia’s privacy landscape is on the brink of its biggest shake-up in years.

The new Exposure Draft of the Privacy Amendment (Personal Data Protection) Bill 2026 puts a spotlight on how businesses collect, personalise and activate customer data. Key proposals that Bianca Lopez breaks down in our latest article include:

• A “fair and reasonable” test for handling personal information, going beyond checkbox consent
• A tighter, statutory definition of consent (no more relying on broad, bundled permissions)
• Stronger rules for direct marketing, data sharing and trading in personal information
• Shortened data breach notification timeframes and more disciplined data retention

For brands, agencies and digital platforms, this isn’t just a privacy policy refresh, it’s a fundamental rethink of data governance, marketing practices and AI-driven customer insights.

Our latest article unpacks what Tranche 2 means in practice and how to start preparing now.

Read the article: https://anisimoff.com.au/tranche-2-australias-privacy-law-reforms/

UPDATE📢 The rules for trade promotion lotteries in Australia just changed, and many “promo” campaigns could soon be trea...
28/08/2026

UPDATE📢

The rules for trade promotion lotteries in Australia just changed, and many “promo” campaigns could soon be treated as prohibited interactive gambling services under the IGA.

In our latest article Matt Hansen unpacks the new criteria for qualifying as a trade promotion gambling service, why ongoing or recurring draws are now high-risk and what businesses running lotteries, prize draws or subscription-style promos must do before 1 January 2027.

If your marketing relies on competitions or giveaways, this is a must-read.

👉 https://anisimoff.com.au/closing-the-loophole-update/

One of the biggest risks in branding projects is investing heavily in a name before checking whether it can be protected...
26/08/2026

One of the biggest risks in branding projects is investing heavily in a name before checking whether it can be protected.

A better process is:
1️⃣ Create naming options
2️⃣ Conduct clearance checks
3️⃣ Select the strongest brand
4️⃣ Launch with confidence

The earlier trade mark considerations are built into the project, the lower the risk.

Have questions? Talk to our team: https://anisimoff.com.au/contact-us/

💡 A common misconception is that any issue can be solved by adding a disclaimer or putting details in the terms and cond...
21/08/2026

💡 A common misconception is that any issue can be solved by adding a disclaimer or putting details in the terms and conditions.

However, if the overall advertising message creates a misleading impression, the fine print may not be enough.

Terms and conditions support an offer.

They don't give businesses a free pass to say something different in the advertising.

Have questions about advertising, promotions or marketing compliance? Talk to our team: https://anisimoff.com.au/contact-us/

13/08/2026

🍅 Food labelling is back in the spotlight following Four Corners’ investigation into allegedly falsified country of origin claims on tomatoes and other staple products, and the ACCC has now stepped in.

In our latest article, Mark Armstrong unpacks what a country of origin statement actually, how the ACCC has treated misleading origin and composition claims in past enforcement actions and what this could mean for businesses, especially in light of the recent penalty increases under the Australian Consumer Law.

Read the full article below for practical guidance on reviewing product formulations, so you can stand behind the origin and marketing claims on your labels.

https://anisimoff.com.au/food-labelling-fiasco/

🚨A permit that wasn't required... until the prize pool increased. 🚨A creative claim that sounded right... but wasn't qui...
11/08/2026

🚨A permit that wasn't required... until the prize pool increased.
🚨A creative claim that sounded right... but wasn't quite accurate.
🚨An eligibility rule that unintentionally excluded entrants.

In promotions, assumptions can be expensive.

Before you launch your next campaign, ask: What haven’t we checked?

👉 Have a promotions question? Get in touch with our team: https://anisimoff.com.au/contact-us/

📢 We’re excited to announce that we’re partnering with B&T for the 2026 B&T Awards!This collaboration gives us the oppor...
05/08/2026

📢 We’re excited to announce that we’re partnering with B&T for the 2026 B&T Awards!

This collaboration gives us the opportunity to celebrate alongside many of our incredible clients in November. The very people setting the benchmark for creativity and excellence in the industry we know and love.

We’re proud to be sponsoring the Independent Agency 50+ category and shining a spotlight on the brilliant work coming out of independent agencies.

We can’t wait to see you there.

New unfair trading practices laws are set to reshape the landscape for subscription businesses and online stores from 1 ...
17/07/2026

New unfair trading practices laws are set to reshape the landscape for subscription businesses and online stores from 1 July 2027.

On 2 July 2026, Parliament passed the Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026, introducing a new regime into the Australian Consumer Law that targets manipulative design, dark patterns, hidden fees and problematic subscription practices.

In our latest article, John Stavris unpacks how the new prohibition on manipulation and distorted consumer decision-making will operate, what it means for subscription models, automatic renewals and free trials, the new obligations around pricing transparency and “drip pricing”, and the significant penalties for non-compliance alongside the practical steps businesses should take now.

With major changes on the horizon and privacy reforms still to come, now is the time for Australia-facing businesses to review their customer journeys, online storefronts and subscription processes. Read more here: https://anisimoff.com.au/new-unfair-trading-practices-is-your-business-ready/

The High Court of Australia has handed down a roar-some decision in the long-running “KATY PERRY” vs “KATIE PERRY” trade...
29/06/2026

The High Court of Australia has handed down a roar-some decision in the long-running “KATY PERRY” vs “KATIE PERRY” trade mark saga, and it’s big news for brand owners and IP lawyers alike 🦁⚖️

In our new article, Despina Lyons unpacks how the High Court approached reputation and likelihood of confusion, and why reputation must be tied to the specific goods or services in dispute, not just adjacent areas or general celebrity fame. The decision highlights just how robust registered trade mark rights can be, and why businesses should be proactive about securing protection early, across all relevant classes, and revisiting their trade mark strategy as their offerings expand.

If you’re involved in brand management, merchandising, or advising on trade mark strategy, this is a must-read case with real-world implications for how you protect and enforce your brand in Australia.

Read the full article: https://anisimoff.com.au/victory-for-australian-in-katie-perry-katy-perry-trade-mark-saga/

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