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1. Demonstrate knowledge of current legal principles relevant to a critical analysis of the problem scenario.
2. Demonstrate creative problem solving by applying relevant legal principles through a synthesis of law and facts.
3. Demonstrate professional research and communication skills by interpreting and transmitting knowledge of legal principles and skills in problem solving.
CASE STUDY QUESTION
William Abong emigrated from Mombasa, Kenya to Australia in 2009. William and his family settled at Maroochydore on Queensland’s Sunshine Coast. William enrolled at the University of the Sunshine Coast as a part time business student majoring in marketing. To finance his studies, he resumed his previous occupation as a tailor. William formed a small family company called William Abong Pty Ltd and leased a beachside shop where he and his extended family manufacture durable work wear including shirts, shorts and trousers. The store sells directly to the public. Business is slow.
Drawing upon his educational experience, William modified his clothes to brightly and outlandishly coloured surf and beach ware. William also decided to give his clothing line a distinctive brand name and commence a local advertising campaign, featuring full page advertisements in the local newspaper and local radio advertisements. William settled upon his unusual name for the clothing’s brand name and embroiders “Bill Abong” on each item for sale. Business quickly improved to the extent that he is barely able to keep up with demand. The store has thousands of clothing articles all embossed with his new brand name.
Billabong Australia Ltd, a large surf wear and boutique clothing manufacturer and retailer becomes disgruntled at William’s actions and seeks your advice. Billabong Australia Ltd have received no direct complaints from members of the public. Billabong Australia Ltd also contacted William with a request that he stop selling clothes marked with the brand name. He responded that he had never heard of billabong and that he intended to continue selling under his own name. He stressed that he had always acted honestly in all his dealings. The government regulator has no interest in pursuing this case.
Advise Billabong Australia Ltd of any options open to them, with reference to section 18 and appropriate remedies under the Australian Consumer Law only. Disregard any other areas of law.
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