‘Champagne Jayne’ Case: Conduct Considered Deceptive and Misleading by the Federal Court

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November 3, 2015
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November 9, 2015

‘Champagne Jayne’ Case: Conduct Considered Deceptive and Misleading by the Federal Court

Comité Interprofessionnel du Vin de Champagne v Powell [2015] FCA 1110 (20 October 2015)

The respondent offered wine education services and adopted the marketing personality of ‘Champagne Jayne’. The appellant, a group protecting the interests of champagne producers and sellers, submitted this name was misleading and deceptive as it made false representations that the respondent was associated with the champagne industry (ss 18 and 29 of the Australian Consumer Law). This was rejected. However the court did accept that the respondent was misleading and deceptive in her social media marketing of sparkling wines as champagne, by failing to distinguish between the two types of wine when marketed together. It was held such a misrepresentation would likely deceive consumers (s 18 of the Australian Consumer Law).

 

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