White SW Computer Law
Intellectual Property, Information Technology & Telecommunications Lawyers
Melbourne Office - PO Box 452, COLLINS STREET WEST Victoria 8007 Australia
Sydney Office - GPO Box 2506, SYDNEY New South Wales 2001 Australia
Telephone: Melbourne Office - +61 3 9629 3709 Sydney Office - +61 2 9233 2600
Facsimile: Melbourne Office - +61 3 9629 3217 Sydney Office - +61 2 9233 3044
Email: wcl@computerlaw.com.au Internet: http://www.computerlaw.com.au

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passing_off [2011/11/04 11:22]
passing_off [2017/07/30 18:03]
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-====== Passing Off ====== 
-... five characteristics ... must be present ... to create a valid cause of action for passing off ((Lord Diplock in Erven Warnink Besloten Vennootschap v J Townend and Sons (Hull) Ltd (1979) AC 731 at 742, cited Twentieth Century Fox Film Corporation and Matt Groening Productions Inc v the South Australian Brewing Co Ltd and Lion Nathan Australia Pty Ltd [1996] FCA 1484)) 
-  - a misrepresentation ​ 
-  - made by a trader in the course of trade, ​ 
-  - to prospective customers .. or ultimate consumers of goods supplied by him,  
-  - which is calculated to injure the business or goodwill of another trader (in the sense that this is a reasonably foreseeable consequence) and  
-  - which causes actual damage to a business or goodwill of the trader by whom the action is brought or (in a quia timet action) will probably do so." ​ 

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