Victorian Consolidated Legislation

World Swimming Championships Act 2004 - SECT 53

Part does not affect rights in respect of passing off

53. 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 this Part 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
Corporation or a person authorised to use WSC logos or images or WSC
references arising out of the use of logos or images or references referred to
in subsection (1), it is a defence if the Corporation or the person authorised
to use WSC logos or images or WSC references satisfies the court that at the
time of the use, the Corporation or the person authorised to use WSC logos or
images or WSC 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