Misleading and Deceptive Conduct by Nick Scali and Super A-Mart

Nick Scali has accused its rival, Super A-Mart of passing off, an element of misleading and deceptive conduct under the Trade Practices Act.

Nick Scali claims that Super A-Mart has misled customers by passing off a leather lounge suite as similar to one of the Nick Scali products but far cheaper.

The case involves the area of “passing off”, which is designed to prevent one company associating its goods with that off another company.

Do you think the changes to the Trade Practices Act have enabled more companies to sue each other? Or is this similar to previous actions in this area?