ISSUE:
Whether BB and AB were entitled to use the name "Budweiser"?
Whether the exercise of the judge's discretion under s12(2) can be impugned?
Whether the Court of Appeal decision has disposed of AB's Section 11 objection to BB's application?
Whether the Court ought to exercise the discretion conferred by Section 12(2) in favour of BB?
RULE:
The use of the same trademark by two different companies may not be considered trademark infringement if the two companies' products are marketed to different segments of the population and if the two companies have different reputations.