A label or brand name placed only on the packaging of a rival product that closely resembles a product with an established secondary reputation may be insufficient to differentiate the rival product, particularly where the product is displayed at point of sale outside its packaging. The principle in Parkdale v Puxu does not establish that labelling on packaging will necessarily avoid a finding of misleading or deceptive conduct; all contextual circumstances must be considered. The case was decided 2-1, with Buchanan J dissenting on the basis that the trial judge's findings were open and that the concept of secondary meaning did not apply to physical features of a product of this kind.
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