INTELLECTUAL PROPERTY - misleading or deceptive conduct and passing off - applicants and respondents were both producers of craft beer named 'Pacific Ale' - whether respondents had represented that their beer was the applicants' product - whether respondents had represented that there was an association or connection between their product and the applicants or their product - whether labelling and packaging of the products were different - whether colours used on the products were different - whether 'Pacific' was used descriptively
TRADE MARKS - infringement - deceptive similarity - whether the words 'Pacific Ale' or 'Pacific', which were used by the respondents in connection with beer, were deceptively similar to the registered trade mark - whether the words 'Pacific Ale' were an essential feature of the registered trade mark
TRADE MARKS - groundless threats of legal proceedings - whether registered owner with due diligence began and pursued an action against the threatened person for infringement of the trade mark
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