Character Merchandising, Passing Off and Unfair Competition Principles in Australia

Abstract

This article discusses how the tort of passing off and intellectual property rules apply to character merchandising in Australia. This article highlights the significance of unfair competition principles under the Australian Consumer Law in character merchandising cases. The possible defences to character merchandising cases are covered. The paper notes that while passing off and unfair competition rules have similar requirements in establishing character merchandising, unfair competition principles can apply to a broader range of circumstances than the scope of protection available under the tort of passing off