The Decision of the Full Federal Court of Australia in Kraft v Bega and its Implications for the Use of Unregistered Trade Marks

摘要

The decision of the Court in this case is not surprising given the position of the Australian common law in relation to unregistered trade marks and their relationship to the goodwill of a business. Any attempt however to deal with those issues simply by lodging an application for registration of the relevant trade mark underestimates the complexities that can arise from that course of action.