- National Roads and Motorists’ Association Limited v Construction, Forestry, Maritime, Mining and Energy Union  FCA 1491
- Ultra Tune Australia Pty Ltd v Australian Competition and Consumer Commission  FCAFC 164
- Fair Work Ombudsman v Hu  FCAFC 133
- State of Queensland (Department of Agriculture and Fisheries) v Humane Society International (Australia) Inc  FCAFC 163
Consumer law, torts and trade marks
Whether conduct in the course of an industrial dispute (i) infringed trade mark, (ii) was misleading or deceptive or (iii) injurious falsehood – ‘in trade or commerce’ requirement for misleading or deceptive conduct
In National Roads and Motorists’ Association Limited v Construction, Forestry, Maritime, Mining and Energy Union  FCA 1491 (11 September 2019) the applicant (‘NRMA’) brought a proceeding alleging that the respondent (‘MUA’) engaged in trade mark infringements, misleading or deceptive conduct and committed the tort of injurious falsehood. The Court dismissed the NRMA’s case on all bases. The impugned conduct occurred in an industrial dispute relating to the wages and conditions of employees of a ferry business owned by the NRMA. The NRMA’s claims included that, as part of the industrial dispute, the MUA used the NRMA’s word and device marks, and made false or misleading statements which were detrimental to, and designed to injure, the NRMA and its brand.