Zip Co Ltd v Firstmac Ltd

The defence of honest concurrent use to trade mark infringement under the Trade Marks Act 1995 (Cth) is to be assessed as at the time of each alleged act of infringement, and whether the use is 'honest' is determined by the user's actual state of mind judged against the standard of ordinary, decent people; continued adoption of a mark after notice of a prior conflicting registration will not be honest concurrent use.