Johnston & Johnston

The case of *Johnston & Johnston* concerned a dispute between the applicant, Johnston, and the respondent, Johnston & Johnston. The applicant sought to restrain the respondent from using the name "Johnston" in connection with its business. The matter came before the Full Court of the Supreme Court of Tasmania.

The central legal issue before the court was whether the respondent's use of the name "Johnston" in its business name constituted a breach of the applicant's rights, specifically in relation to passing off or misleading and deceptive conduct. The court was required to consider the extent to which an individual's personal name could be protected as a business name and the circumstances under which the use of a common surname by a company could be deemed misleading.

The court reasoned that while an individual has a right to use their own name in business, this right is not absolute and must be balanced against the rights of others to conduct business without being subjected to unfair competition. The court applied principles of common law passing off and the provisions of consumer protection legislation, focusing on whether the respondent's conduct was likely to deceive or confuse the public into believing that its business was associated with the applicant's. The court considered the reputation and goodwill established by the applicant in the use of the name "Johnston" and the potential for the respondent's activities to divert custom.

The court ultimately found in favour of the applicant, ordering that the respondent be restrained from using the name "Johnston" in connection with its business.