Passing off is a common law tort, which basically means it’s a protection we have in Australia at common law as opposed to relying on legislation. It is basically a wrong that causes the complainer to suffer damage that results in the person committing the wrong doing having legal liability for causing that damage. In […]

The Australian Consumer Law forms Schedule 2 to the Competition and Consumer Act 2010. Section 18 of the Australian Consumer Law discusses misleading and deceptive conduct. Specifically section 18(1) states that: A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. This […]

Essentially, a trademark protects any sign that a trader uses – and a sign most commonly would be a name or a logo but can be a colour, shape, sound, smell, numbers or a combination of these things – to distinguish their goods or their services from the similar goods and services of other traders. […]

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