Shape Shopfitters Pty Ltd v Shape Australia Pty Ltd (No 3) [2017] FCA 865

COMPETITION - misleading or deceptive conduct - ss 18 and 29(1)(g) and (h) of Australian Consumer Law - identification of the appropriate class of persons to whom the alleged misrepresentation was made - identification of nature of misrepresentation - whether participants in commercial construction industry likely to be led into error by respondent's conduct - application dismissed. TORTS - passing off - identification of applicant's commercial reputation - whether respondent's business activities using the name "Shape" threaten to damage or otherwise adversely affect that reputation and goodwill - application dismissed. TRADE MARKS - claim that respondent's mark is "deceptively similar" to the registered trade mark of the applicant - identification of relevant class of persons - whether commercial construction industry is "specialised" - discussion of distinction between "wonderment" and being led into "error" - application dismissed. TRADE PRACTICES – passing off – identification of applicant’s commercial reputation – whether respondent’s business activities using the name “Shape” threaten to damage or otherwise adversely affect that reputation and goodwill – application dismissed. TRADE MARKS – claim that respondent’s mark is “deceptively similar” to the registered trade mark of the applicant – identification of relevant class of persons – whether commercial construction industry is “specialised” – discussion of distinction between “wonderment” and being led into “error” – application dismissed