Austereo Pty Ltd v DMG Radio (Australia) Pty Ltd [2004] FCA 968 (28 July 2004)

[2004] FCA 968
TRADE MARKS – “sounds different” mark in respect of radio broadcasting services – whether inherently adapted to distinguish – whether adapted to some extent – descriptive words

TRADE MARKS – no use before priority date – use to which evidence of subsequent use can properly be put

Evidence Act 1995 (Cth) s 72, s 78, s 138