TRADE MARKS - infringement - thermoplastic polymers - packaging goods - goods falling within the scope of the registration - goods of the same description - services closely related to registered goods - operation of ss 120(1) and (2) of Trade Marks Act 1995 (Cth) - defences to infringement - defence of use of own name - s 122(1)(a) - defence of "right to register" - s 122(1)(fa) - block to hypothetical registration by s 44(1) - counter-response of honest concurrent use - s 44(3)(a) - block to hypothetical registration by s 60 - further block to hypothetical registration by s 62A - proviso under s 120(2) - defences rejected - infringement claims established.
TRADE MARKS - removal from the Register for non-use - application under s 92 - application dismissed - removal from the Register for lack of distinctiveness - application under s 88 - ground under s 41 - operation of the then s 41(5) - grounds not established - s 88 application dismissed.
TRADE PRACTICES - misleading or deceptive conduct - ss 18 and 29(1)(a), (g) and (h) of Australian Consumer Law - knowing involvement of director - elements of claims established - passing off - reputation - whether director a joint tortfeasor - elements of claims established.
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