"The Judge, looking at the exhibits before him and also paying due attention to the evidence adduced, must not surrender his own independent judgment to any witness."

A person shall be deemed to 'falsely apply'to goods a trade mark or mark who, without the assent of the proprietor of a trade mark, applies such trade mark, or a mark so nearly resembling it as to be calculated to deceive, but in any prosecution for falsely applying a trade mark or mark to goods. the burden of proving the assent of the proprietor shall lie on the defendant.

In arriving at a decision the court must not surrender in favour of any witness its own independent judgment

The Judge is, from inspection of the exhibits and from the other evidence, to form his own independent judgment as to the likelihood of deception.

"One word with regard to the evidence I should like to say. I think, as I have said before, that a great deal of the evidence is absolutely irrelevant, and I do not myself altogether approve of the way in which the questions were put to the witnesses. They were put in the form of leading questions, and the witnesses were asked whether a person going to a shop as a customer …

—the two labels on the tins of coffee were distinct in respect that one bore the name "Royal" and the other "Flag", and the dishonest retailer in order to carry out the fraud would require to hide the tin and the label from the customer.

A certain degree of similarity, even imitation, may occur where a new shop commenced business on the doorstep, as it were, of another shop already successfully established in a particular line of trade. As authority has shown

[PDF] The impact of lookalikes

[PDF] The impact of lookalikes: similar packaging and fast-moving consumer goods

[BOOK] Intellectual property law in Ireland