Sunny Roo ‘Deceptively Similar’ to Sunny Boy, says Australian Court
29 July 2013
The recent Australian Federal Court decision in SMA Solar Technology v. Beyond Building Systems provides a timely reminder about the interaction between the Trade Marks Act 1995, the common law tort of passing off and the ‘misleading and deceptive conduct’ and the ‘knowingly concerned’ provisions of the Australian Consumer Law. Stuart Green in Sydney explains.
SMA Solar Technology v. Beyond Building Systems (No 5) [2012] FCA 1483
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