Use and protection of name
16 Use and protection of name
Green Industries SA has a proprietary interest in the following names:
Green Industries SA;
Zero Waste SA;
Zero Waste;
any other name prescribed by regulation for the purposes of this subsection.
A person must not, without the consent of Green Industries SA in the course of a trade or business, use a name in which Green Industries SA has a proprietary interest under this section for the purpose of promoting the sale of services or the provision of any benefits.
Maximum penalty: $20 000.
A consent under this section—
may be given with or without conditions (including conditions requiring payment to Green Industries SA); and
must be given in writing addressed to the applicant for the consent; and
may be revoked by Green Industries SA for a breach of a condition by notice in writing given personally or by post to a person who has the benefit of the consent.
The Supreme Court may, on the application of Green Industries SA, grant an injunction to restrain a breach of this section.
The court by which a person is convicted of an offence against this section may, on the application of Green Industries SA, order the convicted person to pay compensation of an amount fixed by the court to Green Industries SA.
Subsections (4) and (5) do not derogate from any civil remedy that may be available to Green Industries SA apart from those subsections.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.