The binding legal principles are: (1) Under section 15 of the Trade Marks Act, a disclaimer must be endorsed where a trade mark contains matter (such as a common descriptive word like 'sugarless') that is not capable of distinguishing within the meaning of section 9, even if the mark as a whole is registrable. This prevents proprietors from asserting exclusive rights in common words and protects other traders from infringement litigation. (2) Copyright 'adaptation' under section 1(1)(c) of the Copyright Act requires that 'original or substantial features thereof remain recognisable' - there must be objective similarity between the works, not merely a causal connection. Similarities attributable to common ideas, industry practices, or stock designs do not constitute infringement. (3) For passing off, overall impression of get-up must be considered, not individual elements in isolation. Where colour schemes and design elements are commonplace in an industry, their use does not create reasonable likelihood of confusion. (4) In trade mark infringement comparisons under section 34(1)(a), marks must be compared as wholes considering visual, phonetic and aural elements. Where descriptive terms are used, courts accept comparatively small differences as sufficient to avert confusion. (5) Counterfeiting under the Counterfeit Goods Act requires more than ordinary infringement - it requires making an imitation to deceive.