TRADE MARKS - infringement - whether primary judge erred in dismissing claims for trade mark infringement - whether evidence permitted finding that trade marks infringed - test of substantial identicality - need for "side by side" comparison - whether primary judge erred in holding that test incapable of application due to lack of direct evidence - trade mark use - whether trade mark used so as to indicate a connection in course of trade - whether trade mark use occurs if person applying trade mark without authority of registered owner intends to indicate connection between registered goods and the registered owner - whether use occurred in course of trade - whether infringing use.
INTELLECTUAL PROPERTY - common design - common design to engage in conduct that constitutes infringement of intellectual property rights - where participants acting in concert - whether necessary to establish intention to infringe - whether sufficient that participants acted in concert to engage in conduct that amounts to infringement - injunctive relief - where injunctive relief granted against individual respondent -where corporate respondent alter ego of individual respondent - whether injunctive relief should also be granted against corporate respondent behind which individual respondent stands - where risk that corporate respondent will act as a mere cloak behind which individual respondent will continue to infringe
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