RJB Wolfe Pty Ltd v Mornington Peninsula Eye Clinic Pty Ltd [2019] VSC 27
Supreme Court of Victoria
Sifris J
Trade practices – plaintiff provided services under name ‘Peninsula Eye Centre’ – first
defendant established business with name ‘Mornington Peninsula Eye Clinic’ – plaintiff claimed
names ‘similar and apt to confuse’ and sought that second and third defendants cease using
word ‘Peninsula’ – plaintiff made claims of misleading or deceptive conduct and passing offagainst defendants – s18 Australian Consumer Law – ‘descriptive names & secondary meaning’ – ‘necessary reputation’ – whether ‘Peninsula Eye Centre’ a ‘sufficiently distinctive’
name – whether first defendant’s use of name would lead into error the ‘relevant classes of
persons’ – ‘intention to deceive’ – held: claims dismissed.
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