Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of this Chapter, an expression or a statement is taken to be applied to goods or services if:
(a) in the case of goods, the expression or statement:
(i) is woven in, impressed on, worked into, or affixed or annexed to, the goods; or
(ii) is applied to any covering, document, label, reel or thing in or with which the goods are, or are intended to be, dealt with or provided; or
(b) in the case of goods or services, the expression or statement:
(i) is used in an advertisement that promotes the goods or services; or
(ii) is used in an invoice, price list, catalogue, brochure, business letter, business paper or other commercial document that relates to the goods or services.
(2) For the purposes of this Chapter, if:
(a) an advertisement promotes a particular person; and
(b) the person provides goods or services; and
(c) it would be concluded, by a reasonable person, that the advertisement was designed to enhance the commercial image of the person mentioned in paragraph (a);
the advertisement is taken to promote those goods or services.
(3) In this section:
"covering" includes packaging, frame, wrapper, container, stopper, lid or cap.
"label" includes a band or ticket.