Scholl-Plough Australia Ltd was the manufacturer of Maybelline products and ran a magazine…

Scholl-Plough Australia Ltd was the manufacturer of
Maybelline products and ran a magazine advertisement that featured a model that
looked like Olivia Newton-John. Below the picture of the model appeared the
words ‘Olivia? No, Maybelline’. Olivia Newton-John claimed that Scholl-Plough
Australia Ltd had committed the tort of passing off. The court decided that
Scholl-Plough Australia Ltd had not committed the tort of passing off because
there was no misrepresentation: the advertisement made it clear that the
picture was not of the plaintiff.

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