Stone & Wood's claims of passing off and Australian
Consumer Law (ACL) contraventions against its
rival in craft beer, Elixir, were rejected on appeal in Stone
& Wood Group Pty Ltd v Intellectual Property Development
Corporation Pty Ltd [2018] FCAFC 29. The Full Federal Court
decided that Elixir's use of the name 'Thunder Road Pacific
Ale' (later 'Thunder Road Pacific') for one of its
craft beer varieties did not constitute passing off in relation to
Stone & Wood's craft beer named 'Pacific Ale'. The
Court also held that Elixir's use of the name did not
constitute misleading or deceptive conduct or false or misleading
representations under the ACL.
This recent decision holds significant implications for
businesses as it suggests that, in certain circumstances,
competitors may freely use similar, almost identical, phrases in
marketing their goods and services.
