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ARTICLE · 26 FEBRUARY 2019

Australian Made and Owned: What makes a fish oil capsule Australian?

Coleman Greig Lawyers
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The case demonstrates the court's reluctance to allow a brand to falsely depict that a product is 'Made in Australia'.

AustraliaIntellectual Property
Catherine Sedgley
Catherine Sedgley
Isabella Krstanovski
Isabella Krstanovski
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With Australia Day having recently passed, it is timely to review the rules and requirements set in place for use of the well-known 'Australian made and owned' logo ('Logo') which features the classic outline of a kangaroo within a triangle, in a very Australian green and yellow colourway (as shown below):
                                               
In the recent Federal Court decision of Nature's Care Manufacture Pty Ltd v Australian Made Campaign Limited [2018] FCA 1936, Justice Perram ruled on whether the Logo, with the descriptor "Australian Made and Grown", could be used by Nature's Care Manufacture Pty Ltd ('Nature's Care') on the packaging of its Fish Oil + Vitamin D capsules (pictured below).  

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