Misleading and Deceptive Conduct and Passing Off Intellectual Property

Misleading and Deceptive Conduct and Passing Off

Intellectual property rights infringement often goes hand in hand with claims for misleading and deceptive conduct, passing off or .

Our clients will often run these claims in conjunction with their other IP actions, e.g. for a trade mark infringement, as well running them as 'stand-alone' actions. One leading example case we ran for one our clients was Plastec Australia Pty Ltd v Plumbing Solutions and Services Pty Ltd [2012] FCA 510. These claims arise from breach of the Australian Consumer Law, of common law or of contract.

The IP team at Bennett & Philp will provide you with comprehensive advice covering all aspects of available actions or defences, no matter which side of the dispute you are on.

We keep our clients fully informed at all times.  We understand that one apparently simple act can result in multiple potential claims, multiple defences and varying success rates. We strive to ensure that you understand your position and the prospects for each available action at all stages in your matter.