Classwork case study

[esleecoo]

I have a theoretical case that is have to analyse and find relevant law and cases that are similar. The case is as follows.

You are the head advertising partner on a campaign for the new and improved Mack Truck. In order to entice new clientele you decided to use the phrase “Big Mack” in your marketing. McDonalds, the maker of the ‘Big Mac’ have objected to the use of the name saying it will confuse consumers into thinking there is a connection between the two companies.

So I as the head advertising partner need to be able to defend Mack from McDonalds preventing my from using the term "Big Mack"

Where do I start in looking for Laws and relevant cases for precedent etc

 

[Docupedia]

Go to austlii.edu.au. Select 'CTH' -->"Cth Legislation' --> 'Commonwealth Consolidated Acts' --> 'T' --> 'Trade Marks Act'.

Find relevant sections that may apply in your case study. In the page on the section, there will be 'NoteUp References' on the right hand side. That link will take you to case decisions which have referenced/considered that section.

Alternatively, still in austlii you can do an advanced search on keywords in caselaw. This tends to be more hit and miss, and is very dependent on the expression used. I'd suggest using the same terminology as set out in the Act if you are going to use this route.

Once you know the name of a case, you can also go to Lawcite.org to search for the case decisions. In search results the green link will take you to a copy of the decision - but you can also find links to later cases which have considered that case, and appeals of that case. These are helpful for explanatory commentary, and to look at developments in the law.

Lawcite is particularly helpful to find these linked cases, which you will not get as easily in austlii.

 

[Tim W]

Consider also that it may be a trade practices/ ACL question of misleading or deceptive conduct.