CHAP. 11] THE COMMONWEALTH OF AUSTRALIA 841
factured by the workers or associations of workers by whom
they were registered, and the Act penalized the use of marks in
the case of goods not produced by the workers or associations.
The aim of the enactment was, of course, to extend the influence
 of trade unions by allowing the immediate identification
of goods as produced under union conditions, and several
brewery companies of New South Wales questioned the
validity of part vii. There were several minor points at
issue, (1) whether the companies were substantially injured
by the mere existence of the law, (2) whether the Attorney-General
 for New South Wales had a right to intervene on
behalf of the public of the state, and (3) whether an injunction
was the proper remedy ; but all these points were settled in
favour of the plaintiff, though Isaacs and Higgins JJ. dissented
 on heads (1) and (3), and Higgins also on head (2).!
The decision of the Court was against the validity of the
part of the Act attacked. They held (Griffith C.J., Barton
and O’Connor JJ.) that the power of the Commonwealth to
legislate as to trade-marks did not extend to permit the
creation of what was not a trade-mark at all in the sense of
that word as understood in 1900, the date of the enactment
of the Constitution. As O’Connor J.2 pointed out, a workers’
trade-ark was deficient in both of the essential characteristics
 of a trade-mark as ordinarily understood, a trade or
business connexion between the proprietor of the trade-mark
and the goods in question, and distinctiveness in the sense of
deing used to distinguish the particular goods to which it is
applied from other goods of a like character belonging to
other people. As this part of the Act did not fall within
the powers of the Parliament to legislate as to trade-marks,
it could only be supported if it fell under some other head of
the powers of the Commonwealth. But though its provisions
 might be in part justified under the power given by
3. 51 (i) of the Constitution to legislate regarding trade and
commerce with other countries and between the states,
nevertheless the substantive aim of the part of the Act
concerned was to regulate the internal trade of a state, and
Cf. Harrison Moore, pp. 395-7. 6 C. L. R. 469, at p. 540.