Victorian Consolidated Legislation

Major Sporting Events Act 2009 - SECT 30

Part does not affect rights in respect of passing off

30. Part does not affect rights in respect of passing off



(1) Nothing in this Part affects the use of any logos or images or references
by a person on or after the commencement of a major sporting event order in
relation to an event to which this Part, or Division 2 of this Part, applies
if, immediately before that commencement, the person would have been entitled
to prevent another person from passing off by means of the use of the logos or
images or the references, or of similar logos or images or references, goods,
services or a business as the goods, services or business of the
first-mentioned person.

(2) In an action or proceedings in respect of passing off brought against the
event organiser of an event to which this Part, or Division 2 of this Part,
applies or a person authorised to use protected event logos or images or
protected event references arising out of the use of logos or images or
references referred to in subsection (1), it is a defence if the event
organiser or the person authorised to use protected event logos or images or
protected event references satisfies the court that at the time of the use,
the event organiser or the person authorised to use protected event logos or
images or protected event references was not aware that the person bringing
the action or proceedings was entitled to prevent the passing off.

Division 2-Authorising use of logos, images and references