Australian consumer law

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Reference no: EM132174787

“My competitor is copying my image Can’t we stop them from doing that?”

You operate 5 pharmacies under the name ‘Chemist Warehouse’. You also licence the use of your intellectual property rights to over 20 retail pharmacies across Sydney. Generally the stores are painted bright yellow with white, blue and red lettering. This gives you high visibility for the customers. In your advertising you use the following:

“IS THIS AUSTRALIA’S CHEAPEST CHEMIST?”

Direct Chemist Outlet Pty Ltd were heavily influenced by and copied elements of your business. They brand their stores as ‘Discount Chemist’, using bright yellow exterior paint, with red, white and blue lettering. In their advertising they use the following:

“WHO IS AUSTRALIA’S CHEAPEST CHEMIST?”

Could you successfully pursue a claim against Direct Chemist Outlet Pty Ltd under s 18 of the Australian Consumer Law? Discuss this claim and its likelihood of success.

Reference no: EM132174787

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