Brick Lane vs Torquay Beverage

The Pitfalls of Unregistered Trade Marks

The Australian Consumer Law (ACL) affords businesses a certain level of trade mark protection. Businesses acquire that protection automatically as they undertake their ordinary operations and build a reputation. The automated nature of the protection can make it an attractive alternative to formally registering a trade mark right.

The recent Federal Court case of Brick Lane Brewing Co Pty Ltd v Torquay Beverage Co Pty Ltd [2023] FCA 66 (Brick Lane v Torquay), however, highlights the limitations of the ACL, and the significant risks that businesses take when relying solely on the ACL.

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