JBS Australia Pty Ltd v Australian Meat Group Pty Ltd [2017] FCA 1421

INTELLECTUAL PROPERTY – consideration of the question of whether the conduct of the respondent engages acts of infringement of the registered trade marks of the applicant for the purposes of s 120 of the Trade Marks Act 1995 (Cth) (the “Act”) on the footing that the respondent is said to have used as a trade mark a sign that is substantially identical with the registered trade marks in relation to goods for which the trade marks are registered INTELLECTUAL PROPERTY – consideration of whether the conduct of the respondent engages infringement of the applicant’s trade marks on the footing that the respondent is said to have used as a trade mark a sign that is deceptively similar to the registered trade marks in relation to goods for which the trade marks are registered INTELLECTUAL PROPERTY – consideration of the test to be applied in determining whether the conduct of the respondent engages use as a trade mark of a sign deceptively similar to the trade marks of the applicant in relation to goods for which the marks are registered having regard to s 10 of the Act – consideration of the principles to be applied