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australian marketing law-referenceing essential

Australian Marketing Law-Referencing Essential

Week 2 , Tutorial Question 2

Based on the situation given , it is important to include into the contract a statement that would signify that Bleed-Em-Dry Inc allows Marmaduke Pty Ltd to use the image of one of their famous wrestler in endorsing the product to television . It could also be an agreement stating that Marmaduke Pty Ltd could freely use the image of TankMan for a certain period of time , say 3 years in any of its television commercials . This would give Marmaduke the right to use the

image of TankMan ' without having any legal problems like passing off . Passing off involves the misinterpretation of the source of goods or services (Ipit-update .com 2004 : 1 . In this case , we can already consider TankMan ' as a commodity or a good and with this , using TankMan without the consent of Bleed-Em-Dry might result to legal suit since customers of Marmaduke might think that TankMan ' is already a part of their company where in fact it is not . Law suits between the two companies are not far from happening , and at the end of the day , there is a big possibility that Marmaduke Pty Ltd would lose in the case for they committed passing off

As a case example for passing off , consider the case between Reckitt and Colman Products Ltd and Borden Inc (Reckitt and Colman Products Ltd v Borden Inc . 1990 -Court of Appeals : 1 . According to the case , Reckitt and Colman had successfully producing lemon juice packed into yellow plastic containers that are of lemon shaped . The prosperity in their operation continues until the arrival of their competitor , Borden Inc which used the same marketing tactic of putting the lemon juice into lemon shaped containers that are of larger in size as compared to those of Reckitt and Colman . Due to this , Reckitt and Colman a case of passing off against Borden and they were able to win the case after such time

Bleed-Em-All could also a case against Marmaduke on the grounds of misleading the market or deceiving the market by using TankMan ' as an icon in the commercial of their product . Consumers might think that the product is produced by Bleed-Em-All or TankMan ' is already a part of Marmaduke . Since TankMan ' is a famous personality , it would be a breeze for Marmaduke to sell their products to the market . In short Marmaduke deceived the consumers that TankMan ' is endorsing their product or he is already a part of the said company

As I have said a while ago , in to prevent this kind of legal dilemmas , Marmaduke should get the consent of Bleed-Em-All of using the imager of TankMan ' into television shows and stating into the agreement the length of time Marmaduke could use the said image of TankMan . With this , Marmaduke could freely use the image of TankMan ' without having any legal case

Week 3 , Tutorial Question 2

It was stated in the given case that Sturgeon Mobile Pty Ltd...

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