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Game over for Monster Energy’s opposition to ‘Monster Strike’ trade mark
Intellectual Property 2020-10-19 9:49 pm By Cat Fredenburgh

A judge has shot down Monster Energy’s opposition to Japanese software company Mixi registering the ‘Monster Strike’ trade mark in Australia for its popular video game of the same name, the second judge to find the energy drink maker’s standalone ‘Monster’ mark does not have a significant reputation in Australia.

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ACCC alleges crane company entered cartel agreement with competitor
Competition & Consumer Protection 2020-10-19 4:13 pm By Cat Fredenburgh

Making good on its promise to crack down on anti-competitive conduct in the commercial construction sector, the ACCC has initiated proceedings against NQ Cranes alleging the crane company entered an agreement with a competitor to divvy up the market for overhead crane parts and servicing in Brisbane and Newcastle.

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Western Australia hit with stolen wages class action
Class Actions 2020-10-19 11:51 am By Cat Fredenburgh

The state of Western Australia is facing a class action by Indigenous workers seeking to recover stolen wages, after a historic $190 million settlement was reached last year in a stolen wages class action against the state of Queensland.

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Flexigroup tries again to overcome Zip opposition to ‘no interest’ trade mark
Intellectual Property 2020-10-19 9:46 am By Cat Fredenburgh

Fintech Flexigroup has appealed rival Zip Co’s successful opposition to its ‘No Interest Ever!’ trade mark, which an IP Australia delegate found was a laudatory phrase incapable of distinguishing the goods of a single trader.

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AFP won’t bring charges against ABC journalist for Afghan Files leak
Media 2020-10-15 9:50 pm By Cat Fredenburgh

ABC journalist Dan Oakes will not face charges for using leaked classified information in his reporting on alleged war crimes in Afghanistan by Australian special forces.

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High Court won’t review $280,000 defamation award to lawyer branded ‘Centrelink cheat’
Defamation 2020-10-15 3:03 pm By Cat Fredenburgh

The High Court has declined to review $280,000 in damages awarded to a lawyer, after an appeals court found a Today Tonight segment labelling her a “Centrelink cheat” was defamatory.

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Qantas appeals court’s finding that it misapplied JobKeeper
Appeals 2020-10-15 11:27 am By Cat Fredenburgh

Qantas Airways will challenge a court’s finding that it incorrectly applied the JobKeeper scheme and underpaid its staff.

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Clive Palmer can’t delay Twisted Sister copyright trial
Intellectual Property 2020-10-14 5:20 pm By Cat Fredenburgh

Queensland billionaire Clive Palmer has lost his bid to vacate a trial scheduled to start next week in a high-stakes lawsuit alleging he committed copyright infringement by using Twister Sister’s 1980s rock anthem ‘We’re Not Gonna Take It’ in campaign ads for his United Australia Party without a licence.

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AUSTRAC won’t pursue Afterpay after auditor found it got bad legal advice
Financial Services 2020-10-14 1:19 pm By Cat Fredenburgh

Financial crimes regulator AUSTRAC will not take legal action against Afterpay over its compliance with anti-money laundering laws, following an external auditor’s report that found the buy now, pay later provider had received “incorrect” legal advice from several top-tier law firms about its compliance program.

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Daily Mail says Erin Molan has history of ‘objectively racist’ conduct
Defamation 2020-10-14 12:31 pm By Cat Fredenburgh

The Daily Mail has fired back at a defamation lawsuit by sports broadcaster Erin Molan alleging its coverage of a remark she made during Nine’s Continuous Call radio program implied she was a racist, telling the court that Molan has a history of “objectively racist” conduct on air. 

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