Sammy McDonald has decided to purchase a fast food outlet in a sea side town. Sammy was a truck driver and wants to settle in one place; he has eaten a lot of fast food in his time and believes he knows what the public wants in terms of quick, hot food. Sammy purchases a business and names the outlet McDonald's Fast and Fabulous Foods. Nearby is a larger town with several outlets for fast food by similarly named large fast food outlets.

Sammy has been visited by a corporate representative of a food chain who has told him that he has breached the law by displaying the name McDonald's, asituation that Sammy cannot believe, since that is his surname.

REQUIRED

How might Sammy be in breach of provisions within the Australian Consumer Law as it relates to misleading and deceptive conduct? What remedies might be available if Sammy is in breach?