In proceedings for trade mark infringement under s 120(1) of the Trade Marks Act 1995 (Cth), the reputation of the registered mark is relevant to the deceptive similarity inquiry only where the mark or an important element of it is notoriously so ubiquitous and of such long standing that consumers generally must be taken to be familiar with it; reputation evidence of the kind relevant in passing off or Trade Practices Act proceedings is not generally admissible in the s 120(1) inquiry. The scope of 'control' for the purposes of 'authorised user' under s 8 of the Trade Marks Act 1995 (Cth) remains an open question.
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