CW took that mob (Direct Chemist Outlet) on in 2016 & lost. "The...

CW took that mob (Direct Chemist Outlet) on in 2016 & lost.

"The recent decision in Verrocchi v Direct Chemist Outlet Pty Ltd [2016] FCAFC 104 by the Full Bench of the Federal Court of Australia (‘the FCA’) has clarified the protection afforded to the reputation of goods and services in circumstances where misleading or deceptive conduct is claimed to have arisen."


Essentially (from the original decision)

1. "there was “insufficient uniformity in the visual branding devices” of Chemist Warehouse;
2. there was “no sufficient common identity in the design and layout” between the two pharmacy chains; and
3. DCO had sufficiently distinguished itself from Chemist Warehouse through, amongst other things, use of its own logo and lifestyle photos on its shopfront."

http://pointonpartners.com.au/chemist-warehouses-claim-misleading-deceptive-conduct-dismissed/

(Disclaimer - past holder of SIG & no, not a lawyer!).