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C-Shirt Pty Ltd v Barnett Marketing & Management Pty Ltd
Judgment date: 10/12/1996
Court: FCA
Judge: Lehane J
Citation:
(1996) 37 IPR 315;
(1997) ATPR (Digest) 46-168;
BC9605984;
Catchwords: Trade and commerce; Trade practices; Misleading or deceptive conduct; Statements made by distributor of applicant's products;
Tort; General; Deceit; Statements made by distributor of applicant's products;
Tort; General; Injurious falsehood; Letter sent by distributor to clients;
Contract; Offer and acceptance; Existence of offer capable of giving rise to binding contract; Whether parts of business proposal could constitute a separate offer;
Equity; Fiduciaries; Breach of fiduciary duty; Whether duty could arise in absence of contract;
Intellectual property; Passing off; Likelihood of deception or confusion; Similarity of goods;
Trade and commerce; Trade practices; Misleading or deceptive conduct; Similarity in get-up of products of rival traders;