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The Respondent is also unlawfully interfering with the Applicant's exclusive rights in its PACIFIC trade marks and PACIFIC get-ups. This argument was not determined by the judge because it was relied on only after pleadings had closed but, in my opinion, is a stronger argument than S34(1)(a) trade mark infringement, especially as the optics do favour the licensor

For these indices, low scores refer to simple well-fitting models, whereas high scores refer to complex poor-fitting models

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