Good as new? Beer, brand names and Section 52
Date of this Version
The Federal Court's decision in Tooheys Pty Ltd v Coopers Brewery Ltd  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.