ATTORNEY-GENERAL (NEW SOUTH WALES) v BREWERY EMPLOYEES UNION OF NEW SOUTH WALES

6 CLR 469
1908 - 0808A - HCA

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Between: ATTORNEY-GENERAL (NEW SOUTH WALES)
And: BREWERY EMPLOYEES UNION OF NEW SOUTH WALES

Court:

Judges: Griffith CJ
Barton J
O'Connor J
Isaacs J
Higgins J

Subject References:
Constitutional law
Commonwealth legislation
Validity of trade mark laws
Internal trade of State
Interference with
Workers' trade marks
Union label
Registration
Persons aggrieved
Injunction
Industrial law
Intellectual property
Trade Marks

Legislative References:
Trade Marks Act 1905 (Cth) No 20 - Pt VII
Constitution (Cth) - s 51(i); s 51(xviii)

Hearing date: 30 March 1908; 31 March 1908; 1 April 1908; 2 April 1908; 3 April 1908; 6 April 1908; 7 April 1908; 8 April 1908; 9 April 1908; 10 April 1908; 11 April 1908; 8 August 1908
Judgment date: 8 August 1908

Sydney

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ORDER

QUESTION of law referred to the Full Court.

Declaration

(1)

that the defendant Registrar has no authority to keep a register of workers' trade marks;

(2)

that the defendant union's mark is not a trade mark within the meaning of the Constitution.

Order that the defendant Registrar cancel the registration of defendant union's mark.

Order restraining defendant Registrar from continuing to keep a register of workers' trade marks. Defendant Registrar to pay the plaintiffs' costs.