Retail

A judge has ordered credit card giant American Express to pay $8 million in ASIC’s first-ever case over design and distribution obligations, but has criticised the recently enacted provisions as being “poorly drafted”. 

AFL merchandise maker FanFirm has won a trade mark case against US sports merchandise giant Fanatics, with a judge finding it knew about the Australian company’s ‘Fanatics’ trade marks when it chose its corporate name.

Rebel Sports owner Super Retail Group has filed court action against solicitors at Harmers Workplace Lawyers and the employment firm’s external media strategist, after revealing it faced a potential $50 million lawsuit by the firm on behalf of the retailer’s employees.

The Australian Competition and Consumer Commission has brought proceedings against retailer The Good Guys, alleging it made misleading statements about store credit. 

A unit of petrol store chain EG Australia has sued Ashurst and LegalVision alleging they breached their implied duty of care through advice given to Woolworths about the assignment of a disputed Sydney petrol station lease.

OTR Group’s network of Smokemart and Giftbox stores face a potential class action that would allege the chains breached employment laws by depriving workers of breaks during shifts.

Fashion retailer Mosaic Brands has denied claims by the consumer cop that it failed to deliver hundreds of thousands of products to customers within advertised time frames, saying the delays were reasonable given COVID-19 and the failures of logistics and delivery partners, including Australia Post. 

Embattled online bookseller Booktopia and a number of subsidiaries have entered voluntary administration, appointing three partners from McGrathNicol to oversee a possible sale of the business. 

Melbourne mattress and bedding start-up Sleeping Duck is seeking preliminary discovery of communications between former employees and rival company Eva Sleep, including correspondence allegedly containing financial information and trade secrets. 

Convenience store chain On The Run has filed proceedings against public relations firm the Civic Partnership, claiming it is liable for misleading or deceptive conduct after an employee allegedly created a campaign aimed to damage the business for an unknown client.