INTELLECTUAL PROPERTY – application for injunctive relief for breaches of ss 18, 29(1)(a), (g) and (h) of the Competition and Consumer Act 2010 (Cth), Sch 2 (Australian Consumer Law) and passing off
CONSUMER LAW – misleading or deceptive conduct – passing off – use of the shape and design features of the applicants’ double walled glasses but where the respondent placed an etching on the glass and had packaging with its own labelling – where the applicants did not establish a secondary reputation in the shape – where both the applicants and respondents had well-established reputations in the Australian market – where the respondent deliberately copied the shape and design features – whether the respondent deliberately intended to mislead and deceive – conduct not misleading or deceptive and did not constitute passing off – applications dismissed
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2026/2026fca0238For more information, see the original judgement.