Homework Question - Action for Misleading Conduct Under Australian Consumer Law?

[David0708]

Hi all,

Thank you in advance for your help.

I will provide a brief outline then my question below:

1. Business A notices another business, Business B, is misrepresenting themselves as an "associate/branch" of Business A.
2. Business B is using a logo that is deceptively similar to Business A, in addition to a similar name.
3. Business A commences action against Business B for intellectual property infringement (passing off).

Question - Is there any way/reason/benefit for Business A to also bring an action against Business B pursuant to Australian Consumer Law s 18 (misleading/deceptive conduct).

I believe only a consumer of Business B could bring an action under the Australian Consumer Law, but could be mistaken.

Thanks again

 

[Rod]

only a consumer of Business B could bring an action under the Australian Consumer Law, but could be mistaken.

You would be. Here is one example: Bridge Stockbrokers Ltd and Moore v Bridges (1984)

Look for other 'passing off' and reputation cases.

Now you have to work out why.

 

[Martis]

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