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Since 1976 the Chile Con Carne restaurant in Scarborough (in Perth) had been operated as a Mexican food restaurant by Chile Con Carne Pty Ltd.

Since 1976 the Chile Con Carne restaurant in Scarborough (in Perth) had been operated as a Mexican food restaurant by Chile Con Carne Pty Ltd. The restaurant had achieved an excellent reputation throughout Perth for its fine food. In 1981 Chile Con Carne of Australia Pty Ltd, a subsidiary of a US chain of Mexican restaurants, opened a Mexican food restaurant called Chile Con Carne in central Perth. Both companies complained of the use of the name of the other. Has there been any infringement of the ACL and, if so, which section or sections and by whom?

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