Image Protection
...elevant section of the public How does the relevant section of the public interpret the advert? True or False? TPA s75AZC(e) & (f) False or Misleading Representations A corporation shall not, in trade or commerce, in connection with the supply or possible supply of goods or services or in connection with the promotion by any means of he supply or use of goods or services: (e) represent that goods or services have sponsorship, approval, performance characteristics, accessories, uses or benefits they do not have (f) represent that the corporation has sponsorship, approval or affiliation it does not have Don’t need proof of intention. Remedies: Criminal Provisions: Fines: Corporation - $1.1 mil Fines: Person - $220,000 (s 79) Injunction (interim and permanent) s 80 Non-punitive orders (community service/probation orders) s 86C Punitive orders – adverse publicity order (eg corrective advertising) s 86D Defences: TPA s85(1) – Criminal Matters only a) Reasonable mistake – could not have been careless in any way b) reasonable reliance on ...