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Aston V Harlee
''Aston v Harlee Manufacturing Co.''. is a significant legal decision involving Australian trademark law. It involved separate businesses which both sought to use the Tastee Freez name in Australia. Both men had American businesses which were planning or contemplating expansion of soft serve iced milk restaurants into Australia. Aston, formerly based in Honolulu, Hawaii, United States, was a Dairy Queen operator there who moved to Sydney. Harlee Manufacturing Co., run by its founder L. S. Maranz, was a business similar to Dairy Queen, based in Illinois, USA. The court maintained that authorship does not require the applicant be the first and true inventor of the mark. (Aston's application for special status and use of the name first, in 1952. Notice of opposition was filed by Harlee in 1956, and its own registration application was submitted in 1957.) The court further stated that trademark registration and determining its award is a question of whether anyone else ...
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High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified within Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General on the advice of the Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire earlier. The court has resided in Canberra since 1980, following the construction of a purpose-built High Court Building, located in the Parliamentary Triangle and overlooking ...
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Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Christopher Horan KC and Paul Vout KC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Roshan Chaile * Ella Delany * Bora Kaplan * Rudi Kruse * James McComish * William Newland * Alistair Pound SC * Daniel Reynolds * Alexander Solomon-Bridge * Julia Wang * Michael Wells * Jillian Williams * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented on and cite ...
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Wilfred Fullagar
Sir Wilfred Kelsham Fullagar, KBE, QC (16 November 1892 – 9 July 1961) was an Australian judge who served on the High Court of Australia from 1950 until his death in 1961. He had earlier served on the Supreme Court of Victoria from 1945 to 1950, and had previously been considered one of Melbourne's leading barristers. Early life Fullagar was born on 16 November 1892 in Malvern, Melbourne. He was the oldest of three children and only son born to Sarah Elizabeth (née Law) and Thomas Kelsham Fullagar. His father was a merchant. Fullagar was educated at Haileybury College before matriculating to the University of Melbourne in 1910. He boarded at Ormond College, graduating Bachelor of Laws in 1915. In October 1916, while undertaking his articles of clerkship, Fullagar enlisted in the Australian Imperial Force (AIF). He served in France with the 7th Field Artillery Brigade, ending the war with the rank of sergeant. He studied law in England for six months in 1919, during whic ...
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Trademark
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based pro ...
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Tastee Freez
Tastee-Freez is an American franchised fast-food restaurant specializing in soft serve ice cream. Its corporate headquarters is in Newport Beach, California, and it has stores in seven states, with two stores located in Illinois. The first Tastee-Freez was established in Keithsburg, Illinois. History Tastee-Freez was founded in 1950 in Joliet, Illinois, by Leo S. Moranz and Harry Axene (formerly of Dairy Queen).About Us
at its official website
Moranz invented a pump and freezer which enabled the product, and their Harlee Manufacturing Company (a of ''Harry' ...
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Soft Serve
Soft serve, also known as soft ice, is a frozen dessert, similar to ice cream but softer and less dense due to air being introduced during freezing. Soft serve has been sold commercially since the late 1930s in the US. In the US, soft serve is not sold prepackaged in supermarkets but is common at fairs, carnivals, amusement parks, restaurants (especially fast food and buffet), and specialty shops. All ice cream must be frozen quickly to avoid crystal growth. With soft serve, this is accomplished by a special machine that holds pre-mixed product at a very low, but not frozen, temperature at the point of sale. History Charles Taylor of Buffalo, New York, patented an automatic ice cream maker in 1926 that is reported to be the first soft-serve ice cream machine. His Taylor Company continues to manufacture the McDonald's ice cream machine. Over Memorial Day weekend of 1934, Tom Carvel, the founder of the Carvel brand and franchise, suffered a flat tire in his ice cream truck ...
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Iced Milk
Ice milk, or iced milk, is a frozen dessert with less than 10 percent milk fat and the same sweetener content as ice cream. Ice milk is sometimes priced lower than ice cream. A 1994 change in United States Food and Drug Administration rules allowed ice milk to be labeled as low-fat ice cream in the United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., federal district, five ma .... References {{DEFAULTSORT:Ice Milk Ice cream Frozen desserts Milk ...
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Honolulu
Honolulu (; ) is the capital and largest city of the U.S. state of Hawaii, which is in the Pacific Ocean. It is an unincorporated county seat of the consolidated City and County of Honolulu, situated along the southeast coast of the island of Oahu, and is the westernmost and southernmost major U.S. city. Honolulu is Hawaii's main gateway to the world. It is also a major hub for business, finance, hospitality, and military defense in both the state and Oceania. The city is characterized by a mix of various Asian, Western, and Pacific cultures, reflected in its diverse demography, cuisine, and traditions. ''Honolulu'' means "sheltered harbor" or "calm port" in Hawaiian; its old name, ''Kou'', roughly encompasses the area from Nuuanu Avenue to Alakea Street and from Hotel Street to Queen Street, which is the heart of the present downtown district. The city's desirability as a port accounts for its historical growth and importance in the Hawaiian archipelago and the broader ...
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Hawaii
Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only state geographically located within the tropics. Hawaii comprises nearly the entire Hawaiian archipelago, 137 volcanic islands spanning that are physiographically and ethnologically part of the Polynesian subregion of Oceania. The state's ocean coastline is consequently the fourth-longest in the U.S., at about . The eight main islands, from northwest to southeast, are Niihau, Kauai, Oahu, Molokai, Lānai, Kahoolawe, Maui, and Hawaii—the last of these, after which the state is named, is often called the "Big Island" or "Hawaii Island" to avoid confusion with the state or archipelago. The uninhabited Northwestern Hawaiian Islands make up most of the Papahānaumokuākea Marine National Monument, the United States' largest prot ...
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Dairy Queen
Dairy Queen (DQ) is an American chain of soft serve ice cream and fast food restaurants owned by International Dairy Queen, Inc. (a subsidiary of Berkshire Hathaway since 1998) which also owns Orange Julius, and formerly owned Karmelkorn and Golden Skillet Fried Chicken. Its corporate offices are in Bloomington, Minnesota. The first DQ restaurant was in Joliet, Illinois, a suburb in Chicago. It was operated by Sherb Noble and opened on June 22, 1940. It served a variety of frozen products, including soft serve ice cream.DairyQueen.com page:History of Dairy Queen, IDQ." History The soft-serve formula was first developed in 1938 by John Fremont "J.F." "Grandpa" McCullough and his son Alex. They convinced friend and loyal customer Sherb Noble to offer the product in his ice cream store in Kankakee, Illinois. On the first day of sales, Noble sold more than 1,600 servings of the new dessert within two hours. Noble and the McCulloughs went on to open the first Dairy Queen st ...
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Sydney
Sydney ( ) is the capital city of the state of New South Wales, and the most populous city in both Australia and Oceania. Located on Australia's east coast, the metropolis surrounds Sydney Harbour and extends about towards the Blue Mountains to the west, Hawkesbury to the north, the Royal National Park to the south and Macarthur to the south-west. Sydney is made up of 658 suburbs, spread across 33 local government areas. Residents of the city are known as "Sydneysiders". The 2021 census recorded the population of Greater Sydney as 5,231,150, meaning the city is home to approximately 66% of the state's population. Estimated resident population, 30 June 2017. Nicknames of the city include the 'Emerald City' and the 'Harbour City'. Aboriginal Australians have inhabited the Greater Sydney region for at least 30,000 years, and Aboriginal engravings and cultural sites are common throughout Greater Sydney. The traditional custodians of the land on which modern Sydney stands ar ...
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Illinois
Illinois ( ) is a state in the Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolitan areas include, Peoria and Rockford, as well Springfield, its capital. Of the fifty U.S. states, Illinois has the fifth-largest gross domestic product (GDP), the sixth-largest population, and the 25th-largest land area. Illinois has a highly diverse economy, with the global city of Chicago in the northeast, major industrial and agricultural hubs in the north and center, and natural resources such as coal, timber, and petroleum in the south. Owing to its central location and favorable geography, the state is a major transportation hub: the Port of Chicago has access to the Atlantic Ocean through the Great Lakes and Saint Lawrence Seaway and to the Gulf of Mexico from the Mississippi River via the Illinois Waterway. Additionally, the Mississippi, Ohio, and W ...
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