What was the reason for the decision in Francesco Cinzano and Cia (Aust)Pty Ltd v Ruggiero (No.2)(1980)25 SASR 341?
A)Simply using the brand name or trade mark of another business is not sufficient to establish the tort of passing off.
B)There was no reasonable possibility of the public being deceived by the use of the plaintiff's name.
C)The difference in the nature of the two businesses was substantial.
D)All of the above.

Question

Quizplus · Accepted Answer

The reason for the decision in Francesco Cinzano and Cia (Aust) Pty Ltd v Ruggiero (No.2) was based on all of the above factors. The court concluded that simply using the brand name or trademark of another business is not enough to establish the tort of passing off, especially if there is no reasonable possibility of the public being deceived. Additionally, in this case, the court found that the substantial difference in the nature of the two businesses further supported the decision that there was no passing off.

What Was the Reason for the Decision in Francesco Cinzano