The reason why people are shopping online is not because they don't have to pay the tax. Even if they did they can still get it cheaper accounting for postage/shipping by shopping online. The tax we are talking about is 10% yet many products you can get for 50% of the Australian price. It seems most retailers in Australia think the exchange rate for AUD/USD is 0.6 (currently at parity).

This isn't just bricks and mortar either:
Microsoft Visual Studio Ultimate with MSDN: AU$20,775.00 or US$11,899

> Once you show a law can be used to convict even one innocent person, the law becomes unenforceable in court.
Once they are convicted they are not innocent. That is why they made a law.

Trademarks are very different from Patents.
What you describe is a Trademark infringement.