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Playgro Pty Ltd v Playgo Art & Craft Manufactory Limited [2016] FCA 280

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TRADE MARKS - infringement - substantial identity and deceptive similarity - whether respondent's device mark 'PLAYGO' substantially identical with or deceptively similar to applicant's mark 'PLAYGRO' TRADE MARKS - infringement - where foreign company sold and delivered overseas toys bearing a device mark to Australian retailer, for sale to customers in Australia - where property in and risk in relation to goods passed overseas - whether foreign company used as a trade mark the device mark in Australia TRADE MARKS - joint tortfeasorship - where foreign company sold and delivered overseas toys bearing a device mark to Australian retailer, for sale to customers in Australia - whether foreign company had common design with local retailer - whether foreign company is a joint tortfeasor in infringing sales by local retailer

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