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Famous celebrity chef Lincoln Lewis recently opened restaurant St Aubergine features an extensive dessert menu. One of its menu items called the 'Mr Frosty', a
Famous celebrity chef Lincoln Lewis recently opened restaurant St Aubergine 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 Lincoln Lewis' restaurant St Aubergine of misleading consumers for using the name 'Mr Frosty' in its dessert menu. Using relevant legal principles, answer the following questions: a) Is Mr Frosty allowed to bring an action against St Aubergine? (20% of question) b) Discuss whether St Aubergine has breached section 18 of the Australian Consumer Law and what remedies may be available. question)
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