Intellectual Property | 13 May 2026
Honest concurrent use defence assessed at date of each potential infringement; meaning of 'honest' in s 44(3)(a) authoritatively settled
The High Court unanimously resolved conflicting approaches to the honest concurrent use defence under the Trade Marks Act 1995 (Cth), holding that honesty must be proved at the date of each alleged infringement — not at filing or trial — and that 'honest' requires a subjective state of mind measured against the standards of ordinary, decent people.