INTELLECTUAL PROPERTY - determination of final orders - rectification of the Register of Trade Marks where application to the Court partially successful - relatively small amount of trial devoted to issue on which applicant successful - impact of respondent's delay in opposing proceedings upon final orders - impact of respondent's delay in seeking leave to rely on evidence filed in associated proceeding - impact of vacation of the initial trial dates - determination of substance of apposite costs orders
INTELLECTUAL PROPERTY - determination of final orders - rectification of the Register of Trade Marks where associated application to the Court successful and cross-claim dismissed - whether respondent should be restrained from ongoing activity in the nature of the impugned conduct - whether respondent should have to take certain positive steps to ensure that the impugned conduct ceases - availability of laches defence in answer to a legal claim - impact of applicant's delay in commencing proceedings upon the grant of an injunction - where respondent claims prejudice arising from the conduct which infringes the impugned rights
CONSUMER LAW - misleading or deceptive conduct in contravention of s 18 of the Australian Consumer Law - passing off - breach of franchise agreement - relevance of finding as to repudiation of franchise agreement - where no evidence of actual confusion adduced at the trial - where no evidence of the actual quantum of any damage adduced at the trial
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