Eighteen months after Black, the Government has moved to brighten the landscape for practitioners and loosen some of the chains imposed by that Decision. The changes are contained in the Federal Justice System Amendment (Efficiency Measures) Act (No.1) 2009, and became effective on 4 January, 2010.

Traders must regularly review their branding strategies and should now consider the apparent popularity or reputation of their brand in assessing whether their rights have been infringed.