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Pham Global Pty Ltd v Insight Clinical Imaging Pty Ltd [2017] FCAFC 83

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TRADE MARKS - whether owner of the trade mark for the purposes of ss 27 and 58 of the Trade Marks Act 1995 (Cth) - construction of the meaning of "applicant" under the Trade Marks Act 1995 (Cth) - whether there was a valid assignment of trade mark - whether marks substantially identical - s 60 ground of opposition - whether use of trade mark likely to deceive or cause confusion - whether use of the trade mark would be contrary to law - whether defence of use of own name in good faith available - whether conduct was misleading or deceptive, or likely to mislead or deceive - whether false representations - whether passing off - cross claim - application for cancellation or rectification of the Trade Mark Register - leave to appeal granted - appeals dismissed

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