MYTHBUSTED: No Misleading or Deceptive Conduct

MYTHBUSTED: No Misleading or Deceptive Conduct

The recent decision of the Full Federal Court in Knight v Beyond Properties Pty Ltd looks at whether the producers and distributors of the popular TV series, Mythbusters, engaged in misleading or deceptive conduct and passing off. The case highlights the importance of obtaining a trade mark registration to protect your rights in a trade name which is to some extent descriptive. The Full Federal Court unanimously dismissed a claim that Beyond Productions, the Discovery Channel, SBS and Foxtel (“Beyond”) engaged in misleading and deceptive conduct (under section 52 of the Trade Practices Act) and passing off in producing and distributing a series of television programs entitled “MYTHBUSTERS” (“the Mythbusters TV Show”) and three spin-off books from the series.