- Scam Poo Ltd manufactures hair products. It sells a cheaper ‘normal’ shampoo and other more expensive shampoos. The label on the expensive bottle for oily hair states that: this shampoo is made from a recipe especially formulated for oily hair. A competitor is sceptical of these claims and arranges for testing to be done at a laboratory. The results show that the expensive shampoo for oily hair contains identical ingredients to the cheaper shampoo for normal hair.
Can the Australian Competition and Consumer Commission (ACCC) take any action against Scam Poo Ltd? (10 Marks)
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- In 2009 Erin established her Halloween cake making business and registered ‘Elm St Cakes’ as her trademark to distinguish her cakes from her competitors’. Erin’s business was successful for a number of years. In 2012, Erin returned to university and did not operate the business again until her graduation in early 2016. While looking for a domain name for her website, Erin is upset to discover that Li Jie has used Elm Street Cakes as his unregistered trading name for his wedding cake business since 2013.
What action can Erin take to protect her interests? What action canLi Jie take to protect his interests? (10 marks)
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