TRADE MARKS - appeal against primary judge's dismissal of claim for trade mark infringement under s 120 of the Trade Marks Act 1995 (Cth) - whether respondent infringed registered trade marks - where goods made by or with licence of trade mark owner for sale in overseas markets in packaging to which registered trade marks applied - where registered trade marks applied in relation to goods by or with consent of trade mark owner - where importer re-packages goods to ensure compliance with Australian legislation requiring plain packaging of tobacco products - where in course of re-packaging importer removed marks applied at time of manufacture and re-applied them to plain packaging - whether importer used the trade marks as trade marks - whether use of a trade mark in relation to genuine goods constitutes trade mark use - whether s 123 of the Trade Marks Act 1995 (Cth) applies in circumstances where trade marks previously applied to goods by or with the consent of the registered owner are removed and subsequently applied by importer who re-packages goods for purposes of sale - appeal dismissed.
INTELLECTUAL PROPERTY - appeal against primary judge's dismissal of claim for passing off - whether respondent engaged in passing off - whether by selling and offering first appellant's tobacco products for sale in re-packaged form respondent represented that such products had been packaged or re-packaged by or with the consent of the first appellant - appeal dismissed
CONSUMER LAW - appeal against primary judge's dismissal of claims under s 18(1) and s 29(1) of Australian Consumer Law - whether respondent made a false or misleading representation in relation to tobacco products supplied in plain packaging - whether respondent represented that tobacco products had been packaged or re-packaged by or with the consent of the appellants - appeal dismissed
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