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Torts 1 PASS Week 3

Authored by Ella Burton

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Torts 1 PASS Week 3
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16 questions

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1.

MULTIPLE SELECT QUESTION

45 sec • 1 pt

Burford & Sons Ltd v Mowling & Son states someone...

Must use the registered trade mark of another

Must not use the registered trade mark of another

Must not put his goods in such a form to deceive ordinarily intelligent persons into mistaking the goods for other goods

Must put his goods in such a form to deceive ordinarily intelligent persons into mistaking the goods for other goods

2.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

The elements of passing off come from which case

Burford & Sons Ltd v Mowling & Sons

Reckitt & Colman

Peter Bodum A/S v DKSH Australia Pty Ltd

3.

MULTIPLE SELECT QUESTION

45 sec • 1 pt

The elements of passing off are...

The plaintiff must have goodwill or reputation attached to the goods or services

There mustn't be misrepresentation by the defendant

The plaintiff must demonstrate that they have or are likely to suffer damage due to the defendant's misrepresentation

There must be misrepresentation by the defendant

4.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

In the case of Hansen Beverage Company v Bickfords (Australia) Pty Ltd, the court found there was a passing off

True

False

5.

MULTIPLE SELECT QUESTION

45 sec • 1 pt

What evidence is required to show reputation?

Time on the market

The nature and amount of promotion

The nature and degree of the sales network

The volume of sales - quantity and monetary

6.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

For the evidence required to show reputation, can you only show time on the market for example, and you’ve sufficiently established a reputation?  

Yes

No

Sometimes

7.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

ConAgra Inc v McCain Foods established...

It was not necessary for a plaintiff to establish a place of business in Australia

It was necessary for a plaintiff to establish a place of business in Australia

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