Disputing beer brands and the Australian Consumer Law

Previously we discussed reputation in a trade mark and the law of trade mark infringement under the Trade Marks Act.

Next, we consider reputation and its treatment under the Australian Consumer Law and the case between rival brewing companies Brick Lane Brewing Co Pty Ltd (Sidewinder) and Torquay Beverage Co Pty Ltd (Better Beer).

What is the Australian Consumer Law?

Broadly, the Australian Consumer Law (ACL)¹ is legislation that protects consumers and applies to anyone conducting a business in Australia. A core protection for consumers contained in the ACL is the prohibition of misleading or deceptive conduct, whereby a person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.²