Nicholas Weston obtains permanent injunction in VCAT over use of a business name

Picture this: two small skin and beauty businesses start in a small town, both with trading names that use the word LUSH.

Neither has the financial clout to fund a trade marks or passing off case in the Federal Court.

Solution: obtain a permanent injunction in the Victorian Civil and Administrative Tribunal (VCAT) under s. 18 of the Australian Consumer Law (ACL). Decision HERE.

VCAT has no jurisdiction over general common law or equitable claims but does have specific powers in relation to certain equitable relief such as unconscionable conduct in trade or commerce claims brought under the ACL. VCAT was conferred limited original jurisdiction over ACL claims in 2011 so this decision is probably a first, certainly one of the first of its kind. 

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