Attorney-General (NSW) ex rel Tooth and Company Limited v Brewery Employees' Union of New South Wales [1908] HCA 94

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et iy "et ae SORRY

[HIGH COURT OF AUSTRALIA.]

THE ATTORNEY-GENERAL FOR THE, STATE OF NEW SOUTH WALES, at THE RELATION OF TOOTH AND COMPANY LIMITED AND OTHERS .

PLAINTIFFS ;

AND

THE BREWERY EMPLOYES UNION OF NEW SOUTH WALES, STEPHEN HARTLEY WATSON, Secrerary, AND GEORGE TOWNSEND, ReaistrRaR oF TRADE MARKS FOR THE COMMONWEALTH

DEFENDANTS.

Commonwealth legislation, validity of—Interference with internal trade of State— Interpretation of terms used in Constitution—Power to make laws with respect to trade marks— Workers' trade marks—Union label—Registration— Persons

H. C. or A.

1908. ——

aggrieved —Remedy—Injunction—Parties—Trade Marks Act 1905 (No. 20 of | Sypex, 1905), Part VII.—The Constitution (63 & 64 Vict. c. 12), sec. 51, pl. i. and March 30, 31;

It is a necessary implication from pl. i. of sec. 51 of the Constitution that the power of Parliament does not extend to trade and commerce within a State, and consequently the power to legislate as to internal trade and commerce is reserved to the States by sec. 107 to the exclusion of the Commonwealth. When the intention to reserve any subject matter to the States, to the exclusion of the Commonwealth, clearly appears, no exception should be admitted to that reservation which is not expressed in clear words, VOL. VI. 33

viii. April 1, 2, 3, 6, 7, 8, 9, 10, Workers' trade marks, as dealt with and defined in the Trade Marks Act IL; 1905, Part VIL, are not trade marks within the meaning of sec. 51, Avg. 8. pl. xviii. of the Constitution. canara Ath Cte The meaning of the terms used in the Constitution must be ascertained by _O'Connsr, tie ae Isaacs and their signification in 1900. Higgina 33.

R. C. oF A.

1908, ——

ATTORNEY- GENERAL FOR N.S.W.