In E-Toyo Global Stationery v Toyo Ink [2005], the first respondent was the registered proprietor of the trade mark Toyo in Class 16 and had been the registered proprietor since 1979. In 2002, the first respondent entered into a registered user agreement with the second respondent to use the Toyo mark. In 2004, a third party (not a party to this action) became a registered user and gained a licence to use the Toyo mark by way of a novation cum registered user agreement with the first respondent. The applicant alleged that as a result of the 2002 registered user agreement, an act of so-called "trafficking" had been committed.