TRADE MARKS - Trade Marks Act 1995 (Cth) - where trade mark "centrefold" registered in respect of provision of adult entertainment and promotional model services (designated services) - where registered owner used trade mark as part of word mark "Centrefold Entertainment" - where owners mark substantially identical and deceptively similar to applicants word marks "Centrefold Strippers" and "Centrefold Strippers Australia" - application under s 41 to remove trade mark from Register- whether owners trade mark inherently adapted to distinguish its services from services of other persons - ordinary and natural meaning of word "centrefold" in markets in which parties operated - whether owner used word mark "centrefold" in its ordinary and natural meaning or as a mere description of its services - whether mark "centrefold" covert and skilful allusion to owners designated services - whether owners use of word "centrefold" was use of trade mark in relation to services under s 7(5) - whether owner used trade mark in connection with its services in a way that enabled conclusion to be drawn that usage had developed a secondary meaning related only to owners designated services
TRADE PRACTICES - Misleading and deceptive conduct - competing applications alleging other party contravened s 18 of Australian Consumer Law in using word "centrefold" in branding its business - whether use of word "centrefold" in the trading styles of each party amounted to that party engaging in conduct, in trade or commerce, that was misleading or deceptive - whether owner of trade mark passed off its business as that of the applicants - whether business names sufficiently distinguished one partys services from those of the other
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