INTELLECTUAL PROPERTY – application for injunctive relief for breaches of s 18, s 29(1)(g) or s 29(1)(h) of the Competition and Consumer Act 2010 (Cth) Sch 2 (ACL) and passing off – delay by applicant in seeking relief – discretionary refusal of wide injunctive relief CONSUMER LAW – misleading or deceptive conduct – passing off – use of the names ‘Jackson’s’, ‘Jackson’s Art’ and ‘Jackson’s Art Supplies’ to sell art products online – country-specific subdomain for Australia with Australian characteristics – reference to Adelaide warehouse and Australian telephone number on the country-specific subdomain – second respondent dispatched products and communicated with Australian consumers – applicant’s reputation online and outside Western Australia and the Northern Territory – accessorial liability of the respondents – representations made – conduct misleading and constituted passing off
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2025/2025fca0530For more information, see the original judgement.
