Fat spat: Packaging, passing off and misleading the metabolically challenged
Date of this Version
In Cat Media Pty Ltd v Opti-Healthcare Pty Ltd  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.