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They caution against the conflation of use and registration under trademark law and therefore go on to argue that plain packaging merely imposes a restriction on the use of the mark as opposed to its registration, therefore taking it out of the ambit of Art 15.4

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Illicit Dealers Grow Their Market Share Using methods used by earlier studies, last year, researchers from Rutgers University gathered discarded cigarette packs in 30 census tracts across all five of New York City's boroughs and checked them for tax stamps

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