24th October 2016
Welcome to my OCTOBER Newsletter!
Just can’t believe how quickly time flies. I will hold a Christmas end of year gathering at 6.00 pm on 30 November 2016. I hope you can join us for some cheer with great discussion and exchanging of ideas.
In this newsletter I again have some quotes for your consideration which have been prompted by several matters that I have regarding the protection of the name of a business:
1. “Good name in man and woman, dear my lord,
Is the immediate jewel of their souls:
Who steals my purse steals trash; ’tis something, nothing;
’twas mine, ’tis his, and has been slave to thousands;
But he that filches from me my good name
Robs me of that which not enriches him,
And makes me poor indeed.”
― William Shakespeare, Othello
2. “Regard your good name as the richest jewel you can possibly be possessed of -- for credit is like fire; when once you have kindled it you may easily preserve it, but if you once extinguish it, you will find it an arduous task to rekindle it again. The way to a good reputation is to endeavor to be what you desire to appear.”
3. “Your reputation is in the hands of others. That's what the reputation is. You can't control that. The only thing you can control is your character.”
― Wayne W. Dyer
It often appears that our reputation is synonymous with our name and the law of defamation protects our name. The same is true of a business.
If a business is endeavouring to pass itself off as another business by the use of a similar logo or advertising it is guilty of a tort, or a legal wrongdoing. The tort of “passing off” has now been enshrined in legislation in Australia by Section 18 of the Competition and Consumer Act 2010 and by sections 52, 53, 82 and 87 of the Trade Practices Act 1974. Under the above-mentioned Acts a business if it creates a misleading overall impression to the intended audience that it may be another business, it is likely to break the law, whether it intended or not. This occurs if it uses any statements and/or actions in its “business conduct “that appears to affect the beliefs and thoughts of a consumer, to mislead. By examining the decisions of the courts, it is seen that protection of a business name, logo or identity has been quite stringent but the offending conduct must be fully borne out so as to protect all parties. Just a similarity is not usually a sufficient basis to succeed in a claim.
In all cases each matter must be treated on its own merits but if you are a business owner, this must be kept firmly in mind.
Wishing you all a great day and looking forward to seeing you at 6.00 pm on Wednesday 30 November 2016 at Level 11, 65 York Street, Sydney NSW 2000.
ps. Please email your RSVP.
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