In assessing whether conduct contravenes s 52 of the TPA in cases involving representations to the public, the relevant question is whether a not insignificant number of persons in the Australian community have been or are likely to be misled — not whether reputation has been established among any particular class defined by advertising objectives or target demographics. A foreign trader who has not sold products in Australia may establish sufficient reputation through indirect advertising such as sports sponsorship. In passing off claims, the relevant market may be narrower than the target market, and reputation among a subset of consumers (such as extreme sports enthusiasts) may suffice.
The full text is available to signed-in members, including the 25 later cases that cite this judgment.
2 of the 25 citing cases carry a classified treatment. How each court treated it is available to signed-in members.