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misleading conductsection 52passing off
McWilliams Wines Pty Ltd v McDonald's System of Australia Pty Ltd
McWilliam's Wines Pty Ltd v McDonald's System of Australia Pty Ltd (1980) 33 ALR 394; (1980) 49 FLR 455
Key Principle
Conduct that merely tends to cause confusion or wonderment as to a possible trade connection does not, without more, amount to misleading or deceptive conduct under s 52 of the Trade Practices Act 1974 (Cth); there must be conduct that actually leads or is likely to lead a person into error.
Area of Law
ip
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