Law: Australian Consumer Law

While use of BIG JACK was likely to lead consumers to draw a comparison with McDonald's BIG MAC, this alone did not demonstrate an intention to adopt the mark for the purpose of misleading consumers.

12 December 2023

Featured in The Trademark Prosecution Review 2024

Both registered and unregistered trademarks are recognised and protected in Australia, either by way of formal registration under trademark legislation, or the protection afforded by the consumer law and the common law tort of passing off. Australia’s trademark legislation provides avenues for the opposition to registration of trademarks, as well as removal of trademarks from the register.

22 September 2023

The evidence strongly suggested that the conduct of the respondents was designed to mislead consumers into believing that they were licensed or otherwise authorised by Pokémon to develop games.

21 February 2023