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Corporations → Intellectual Property → Unregistered Trade Marks, Passing Off and Australian Consumer Law
Overview
Dr. David Cox, Partner, Jackson McDonald, and Honorary Research Fellow, School of Law, The University of Western Australia
General
The guidance note commences with a general discussion on unregistered trade marks, what they are and how they can be protected through the tort of passing off and by using the provisions of the Australian Consumer Law.
See General
The tort of passing off
The tort of passing off is a cause of action that can be used to stop rival traders from misrepresenting their goods or services as originating from another. This cause of action requires consideration of reputation and goodwill, misrepresentations and damage.
See The tort of passing off
Australian Consumer Law
The Australian Consumer Law forbids conduct that is misleading or deceptive and false or misleading representations as to a range of matters.
See Australian Consumer Law
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