17 replies to this topic

[purrlx]

Cigarette advertising ban, but plenty of replicas out there with them on

[Litre8]

Or subtle misspellings: Marlroro , Craven Wild etc,

[StephenSLR]

I saw this at Cavallino Cars & Coffee a few weeks back

 

 

The plates indicate it's on full rego

 

s

[BIG KEV]

How stupid are the laws .....seriously would any one take up smoking if there favourite car had advertising of Cigarettes or use a certain brand of oil .....
We all know the cigarettes are in the shops but not all of us go and buy them
Hey Lee its your car and your dream .....Good luck

[r2160]

How could they stop you painting marlboro on your car? You aren't being sponsored so I think you can do pretty much what you like

 

cheers

Glenn

[Litre8]

If you have Marlboro signage on your car then you probably have to answer to the ciggy manufacturer and, failing that, carry the associated health warning too......

[ls2lxhatch]

How could they stop you painting marlboro on your car? You aren't being sponsored so I think you can do pretty much what you like

 

cheers

Glenn

 

Under the Tobacco Advertising Prohibition laws painting Marlboro on a car is considered advertising and as Litre8 mentioned it is a registered trademark so you would have to answer to Marlboro as well.

 

On the advertising side it is possible that as an individual you could paint Marlboro on your car as there is an exception in the act. Considering the penalties it would be worth getting legal advice. The Biante models don't have Marlboro on them although they do have the Marlboro chevron.

 

http://www.health.go...f/Content/egtap

 

 

Definition of a ‘tobacco advertisement’

 

Tobacco advertisements take a number of forms, for example magazine and newspaper advertisements, point-of-sale promotions, or images or information published on internet sites. For this reason, the Act defines a tobacco advertisement broadly – s.9(1).

 

Under the Act, a tobacco advertisement is basically anything that gives publicity to or promotes: 

 

smoking

 

This would include, for example, images in shop displays, magazines, websites, and on clothing, which depict smoking.

 

the purchase or use of tobacco products

 

A tobacco product is defined in section 8 of the Act. It is tobacco itself and any product that contains tobacco (as a main or substantial ingredient) designed for human consumption. Cigarette papers, cigarette rollers and pipes are also tobacco products under the Act. a registered trademark or registered design for tobacco products

 

For example, this would include the word ‘Marlboro’. It could also include the packet design, for example the red and white Marlboro chevron.

 

any other words or designs or combination of words or designs that are closely linked with a tobacco product.

 

For example, the Winfield motto “…anyhow*” combines words and a symbol that, when they appear in that format in white on a red background, are closely linked with a tobacco product. Likewise, the camel logo that has become famous in America promoting Camel cigarettes is a design that is closely linked with a tobacco product.

 

Penalty

The maximum fine for an individual who publishes or broadcasts an advertisement is 120 penalty units4 ($20,400 as at 28 August 2012). These penalties are set out in s.13(1) and s.15(4). For a corporation, the fine is up to 600 penalty units5 ($102,000 as at 28 December 2012).

 

Exemption

Individuals to receive no benefit from publishing a tobacco advertisement
An individual may publish a tobacco advertisement if this is not done in the course of the manufacture, distribution or sale of tobacco products. The individual must have published the advertisement on his or her own initiative, and received no direct or indirect benefit (whether financial or not) for doing so – s.20. This exemption only applies to individuals and not corporations.

Edited by ls2lxhatch, 28 October 2014 - 11:24 AM.

[r2160]

Cool, but isn't advertising considered the paid use of a logo? If you were to use it of your own free will, that couldn't be considered advertising, could it?

 

Although the copyright law might nail that (I never thought of it from that side).

 

cheers

Glenn

[mitchg]

Would Marlboro care if someone has decided to advertise there brand free of charge?

 IMG_260372629170619.jpeg   242.57K   2 downloads

[Shiney005]

I have seen a few on the road just in WA, but never read about anyone being penalised or sued. Just do it.

[N/A-PWR]

Beautiful 32D Car John Gong. 

Gave you a Like Button Bud.

 

[FastEHHolden]

I'm thinking they might make you paint it in plain packaging

[WhiteA9XS]

 In the past 7 years of group C racing only 1 event being Australian grand prix at albert park has asked competitors to remove or cover up ciggy advertising from there race cars . probably had something to do with TV  coverage ..