In McWilliam's Wines Pty Ltd v McDonald's System of Australia Pty Ltd [1980] ATPR 40-188, the Full Federal Court found that the use of the words "Big Mac" by McWilliams wines in an advertising campaign for its new two-litre bottles of wines, which it called "Big Mac", did not constitute misleading and deceptive conduct under s18 of the Trade Practices Act (now the Australian Consumer Law).

Answer the following questions:

(a)Explain the concept of misleading and deceptive conduct under s18 of the Australian Consumer Law. (5 marks)

ANSWER:

(b) Do you agree with the decision of the Court in the above case? Explain why or why not. (5 marks)