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
Related cases about passing off
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ACCC v Clorox Australia Pty Limited [2025] FCA 357
CONSUMER LAW – alleged contraventions of ss 18, 29(1)(a), 29(1)(g) and 33 of the Australian Consumer Law – where representations made that kitchen tidy bags and garbage bags were made of 50% recycled plastic waste collected from the ocean or sea, when that was not the case – where parties jointly proposed agreed declarations of…
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Jacksons Drawing Supplies PL v Jackson’s Art Supplies Ltd [2025] FCA 530
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 –…
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Inruse PL as trustee for the 224 Hinxman Trust v Equity Lenders PL [2024] FCA 1434
AUSTRALIAN CONSUMER LAW – where applicant alleged it entered into three loans because of misleading and deceptive conduct – alleged misleading and deceptive conduct in written material – whether the representation was conveyed by the whole of the conduct assessed in context – conduct not misleading and deceptive conduct – causation not established – associated…
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2025/2025fca0530
For more information, see the original judgement.
