Question
Famous celebrity chef Lincoln Lewis recently opened restaurant St Aubergi features an extensive dessert menu. One of its menu items called the 'Mr Frosty; a
Famous celebrity chef Lincoln Lewis recently opened restaurant St Aubergi features an extensive dessert menu. One of its menu items called the 'Mr Frosty; a sorbet and fresh fruit blend, has been particularly popular. Mr Frosty Pty Ltd, a long-established ice-cream business which specialises in delivering gelato, ice-cream and sorbet desserts has accused Lincol} Lewis' restaurant St Aubergine of misleading consumers for using the name 'Mr Frosty' in its dessert menu. a) Using relevant legal principles, answer the following questions: Is Mr Frosty allowed to bring an action against St Aubergine? b) Discuss whether St Aubergine has breached section 18 of the Australian Consumer Law and what remedies may be available.
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