11When protected indicia and images are applied to goods and services

11 When protected indicia and images are applied to goods and services

(1) Without limitation, protected indicia or images are applied to goods or services if: (a) in the case of goods—the indicia or images: (i) are woven in, impressed on, worked into, or affixed or annexed to, the goods; or (ii) are applied to any covering, document, label, reel or thing in or with which the goods are, or are intended to be, dealt with or provided in the course of trade; or (b) in the case of goods or services—the indicia or images: (i) are used in an advertisement that promotes the goods or services; or (ii) are used in an invoice, price list, catalogue, brochure, business letter, business paper or other commercial document that relates to the goods or services. (2) For the purposes of this Act, if: (a) an advertisement promotes a particular person; and (b) the person provides goods or services; and (c) it would be concluded, by a reasonable person, that the advertisement was designed to enhance the commercial image of the person mentioned in paragraph (a); the advertisement is taken to promote those goods or services. (3) For the purposes of Parts 4 and 5, protected indicia or images are applied to goods by a person if: (a) the goods are imported into Australia for the purpose of sale or distribution by the person; and (b) when imported, the goods have already had the indicia or images applied to them. (4) In this Act:

covering includes packaging, frame, wrapper, container, stopper, lid or cap.

label includes a band or ticket.