Trade mark infringement and passing off claim concerning Scottish knitwear brands, examining goodwill and likelihood of confusion including evidence of actual confusion.
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Foreign words used as trademarks are assessed for descriptiveness in the Australian English-speaking market; Italian words for coffee were registrable as not inherently descriptive.
Statutory licence scheme for sound recordings validly enacted under constitutional copyright power and did not constitute an unjust acquisition of property.
An ISP that failed to act on infringement notices did not authorise subscribers' copyright infringement via BitTorrent, as it lacked the requisite control over the infringing acts.
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