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Good as new? Beer, brand names and Section 52

Damien W. Millen, Bond University

Article comments

Millen, Damien (2003) Good as new? Beer, brand names and section 52. Tooheys Pty Ltd v Coopers Brewery Ltd [2003] FCA 148. Trade Practices Law Journal, Volume 11, No 4, December 2003, 11 TPLJ 253, 2pp.

Copyright © Thomson Legal & Regulatory Limited, 2003.

Access the Trade Practices Law Journal via the Bond University Library catalogue.

Abstract

Introduction

The Federal Court's decision in Tooheys Pty Ltd v Coopers Brewery Ltd [2003] FCA 148 explores the use of particular words in product brand names. Difficulties arise when common words have been incorporated into a name and are used by competitors to describe an alternative offering. The risk is particularly potent where a word's "double meaning" forms the core part of a marketing campaign.

Suggested Citation

Damien W. Millen. "Good as new? Beer, brand names and Section 52" Law papers (2003).
Available at: http://works.bepress.com/damien_millen/7