ATTORNEY-GENERAL (NEW SOUTH WALES) v BREWERY EMPLOYEES UNION OF NEW SOUTH WALES
6 CLR 4691908 - 0808A - HCA
Between: ATTORNEY-GENERAL (NEW SOUTH WALES)
And: BREWERY EMPLOYEES UNION OF NEW SOUTH WALES
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)
Judgment date: 8 August 1908
Sydney
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.
Copyright notice
© Australian Taxation Office for the Commonwealth of Australia
You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).