What Was the Reason for the Decision in Francesco Cinzano

question 47

Multiple Choice

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.

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Definitions:

Market Basket

A selected set of goods and services used to track changes in prices and measure inflation over time, reflecting the typical consumer's spending.

Marginal Utility

The increased happiness or advantage gained from the consumption of an additional unit of a good or service.

Marginal Utility

The incremental utility received from the consumption of one more unit of a particular good or service.

Marginal Utility

The increased enjoyment or advantage derived by a consumer from the consumption of an extra unit of a good or service.