Title

Fat spat: Packaging, passing off and misleading the metabolically challenged

Date of this Version

March 2004

Document Type

Journal Article

Publication Details

Millen, Damien (2004) Fat spat: Packaging, passing off and misleading the metabolically challenged. Cat Media Pty Ltd v Opti-Healthcare Pty Ltd [2003] ATPR 41-933. Trade Practices Law Journal, Volume 12, No 1, March 2004, 12 TPLJ 37, 5pp.

Copyright © Thomson Legal & Regulatory Limited, 2004.

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

Abstract

Introduction:

In Cat Media Pty Ltd v Opti-Healthcare Pty Ltd [2003] ATPR 41-933 (the Fat Blaster case) the Federal Court examined dual actions in passing off, and misleading and deceptive conduct. The case involved two weight loss products with similar names, packaging and purpose. Of particular interest was the court's observations regarding market research and expert appreciation consumer behaviour.

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