Question:

Pupcake Bakery is a company that makes delicious treats for lovely doggy. Mrs M is the owner who has registered both a logo (below) and the words 'Pupcake Bakery' under the  Trade Marks Act 1990. The LOGO in the following link: http://www.pupcakebakery.com.au/

In the last year, Mrs M has built up a following and demand for her baked goods exceeds supply. However, in the last year Mrs M has noticed that her sales had been reduced. Mrs M blame this change for the other shop's owner- A. A's company, -Cupcake Fakery sells cupcakes decorated with edible sugar dogs for children's birthday parties. His logo is very similar to  Pupcake Bakery logo (http://www.pupcakebakery.com.au/), the only slight difference is that it is a doggy at the top of the cupcake but not a bone, and has the words of his company name 'Cupcake Fakery'.

 

 

Provided some advice for Mrs M and tell her whether she should take any legal action against A to protect her company LOGO, in this 800 words essay, i need to provide legal authority to support my answer.

 

In this question, they asked to refer Australian Consumer law, Consumer Protection Law and Australian Intellectual Property Law. Also, the follow structure will required: Issue(what is the case problem), Rule(what the rule they against), Application(Rule and case to discuss), finally conclusion(should Mrs M should take any action for A?)

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