Editorial

摘要

The AIPJ in 2011 commences with a topic of interest piece by Jessica Roth, writing on E & J Gallo Winery v Lion Nathan Australia having acted for the unsuccessful respondent. What amounts to use as a trade mark is a complex issue, but one central to trade mark law by defining the nature of the exclusive right. Use as a mark is also important in sustaining the validity of a registered mark, a matter considered by the High Court in E & J Gallo Winery v Lion Nathan Australia when it was a parallel importer's sale of goods bearing the registered trade mark that was relied upon as the relevant use.