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Midi is a low cost supermarket chain

Law

Midi is a low cost supermarket chain. It sells a range of hair care

products under the label Tunisian Argave Oil. The shampoo retails for $4.00. The products are in distinctive turquoise bottles which is the same colour as a high end range of hair care products sold internationally under the label TunisianOil. The TunisianOil shampoo retails for $30.00 The packaging is the same colour and the lettering on the packaging is the same design, however the shapes of bottles are very different.
Midi has been advertising its Tunisian Argave Oil shampoo as helping to strengthen hair and restore shine. Hairplus, the company that makes and markets TunsianOil, is unhappy that Midi is advertising and selling its Tunisian Argave Oil shampoo. Scientific testing shows that the amount of Argave Oil in the Midi product is so small that it has no effect on hair - indeed, it would not have any impact on hair strength or shine.
You are employed by Hairplus and are asked to advise:
·      What action (if any) can Hairplus take against Midi in relation to it selling the Tunisian Argave Oil?
·      Would it be possible to obtain a trademark for TunisianOil in Australia?
Advise Hairplus, and include legal authority to support your advice.

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