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Newton-John v. Scholl-Plough (Australia) Ltd.

11 FCR 233, [1986] ATPR 47,631 (P40-697), 1986 WL 590370 (1986)

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Newton-John v. Scholl-Plough (Australia) Ltd.

Australia Federal Court
11 FCR 233, [1986] ATPR 47,631 (P40-697), 1986 WL 590370 (1986)

SH

Facts

Scholl-Plough (Australia) Ltd. (defendant) was the manufacturer of Maybelline cosmetics and ran a magazine advertisement that featured a model who bore a considerable likeness to Olivia Newton-John (plaintiff). At the top of the advertisement in large, striking letters were the words: “Olivia? No Maybelline!” Down one side of the advertisement were the comments: “Maybelline makes anything possible. Whatever the look you are looking for, Maybelline cosmetics will help you make it.” And then some further comments: “For the ‘Olivia Look’ use ‘Blooming Colours’ Neapolitan Frosts eyeshadow.” Olivia Newton-John claimed that Scholl-Plough had committed the tort of passing off because the use of an Olivia Newton-John look-a-like combined with reference to her name in the advertisement created a false impression that she endorsed the advertisement.

Rule of Law

Issue

Holding and Reasoning (Burchett, J.)

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