Legal protection in registered brand names can be illusory

Many people mistakenly believe that trademarks always confer an additional level of legal protection. While this may be the case in many situations, it is not always so.  The ACCC in December 2010 took action in relation to some misleading branding and descriptors. This article of nearly 2000 words explores previous and current exercise of similar powers by the ACCC, and commentary on what occurred and the ramifications for other food companies. This article also explores the concept of when food can be described as Fresh. 

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