Victorian Current Acts Victorian Current Acts(1) Nothing in this Part affects the use of any logos or images or references by a person on or after the commencement of a major sporting event order in relation to an event to which this Part, or Division 2 of this Part, applies if, immediately before that commencement, the person would have been entitled to prevent another person from passing off by means of the use of the logos or images or the references, or of similar logos or images or references, goods, services or a business as the goods, services or business of the first-mentioned person.
(2) In an action or proceedings in respect of passing off brought against the event organiser of an event to which this Part, or Division 2 of this Part, applies or a person authorised to use protected event logos or images or protected event references arising out of the use of logos or images or references referred to in subsection (1), it is a defence if the event organiser or the person authorised to use protected event logos or images or protected event references satisfies the court that at the time of the use, the event organiser or the person authorised to use protected event logos or images or protected event references was not aware that the person bringing the action or proceedings was entitled to prevent the passing off.
Division 2—Authorising use of logos, images and references