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‘Stupidity’ needed to confuse deli’s logo with Mercato Centrale TM: court
Intellectual Property 2024-12-09 11:10 pm By Julia Kanapathippillai

An appeal by a family-owned Adelaide deli in a trade mark fight with an Italian food hall in Melbourne has fallen flat.

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High Court asked to restore win for Bed Bath N’ Table in fight with Bed & Bath
Intellectual Property 2024-12-04 11:08 pm By Andy Sidler

Home retailer Bed Bath N’ Table has asked the High Court to reverse a Full Court judgment that found retailer House did not engage in misleading and deceptive conduct in setting up its Bed & Bath stores.

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Litigators of the week: Atanaskovic Hartnell, Marque win wars over words
Courts 2024-11-01 11:16 pm By Cindy Cameronne

A “time poor” judge’s extensive copying and pasting of submissions and an offensive tweet by senator Pauline Hanson were at the centre of the week’s biggest litigation wins.

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Full Court puts Bed Bath N’ Table’s misleading conduct claims to sleep
Intellectual Property 2024-10-31 11:24 pm By Cindy Cameronne

In a loss for Bed Bath N’ Table, the Full Court has overturned a finding that homewares retailer House engaged in misleading and deceptive conduct by setting up its ‘Bed & Bath’ stores.

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Samsung Bioepis’ ‘scattergun approach’ dooms bid for R&D docs in fight over Pfizer’s Enbrel patent
Intellectual Property 2024-06-27 11:54 pm By Andy Sidler

A judge has rejected Samsung Bioepis’ bid to discover research and development documents from Pfizer as it seeks to invalidate the drug giant’s patent for its blockbuster autoimmune drug Enbrel, agreeing with Pfizer that it may be “no more than an exercise in fishing”.

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Pfizer calls out ‘impermissible fishing expedition’ in fight over Enbrel biosimilar
Intellectual Property 2024-06-05 10:17 pm By Andy Sidler

Drug giant Pfizer has blasted Samsung Bioepis’ “fishing expedition” in its suit alleging infringement of the patent for its blockbuster arthritis drug Enbrel, telling the court the Korean biotech should not be allowed to dig for new grounds of invalidity.  

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Funder hit with costs of failed IP case over parking detection patent
Intellectual Property 2024-05-01 3:24 pm By Cindy Cameronne

The litigation funder that bankrolled a patent infringement case by a vehicle monitoring systems manufacturer is on the hook for legal costs after technology company SARB succeeded in appealing a finding that it infringed the IP for a parking detection system used by the City of Melbourne. 

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No loss to Bordeaux wine producer from Tassie pinot noir bottle’s misleading appearance: court
Intellectual Property 2024-03-19 11:53 pm By Christine Caulfield

The maker of Tasmanian pinot noir label New Certan breached the consumer laws in bottling its product in a way that resembled the packaging of a fancy French drop, but the premium wine producer failed to prove any loss, a court has ruled.

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SARB scores partial win on appeal in Melbourne city parking patent case
Intellectual Property 2024-02-13 11:49 pm By Christine Caulfield

Technology company SARB has partially succeeded in a challenge to a ruling that it infringed a rival’s intellectual property in its development of a parking system used by the City of Melbourne, with an appeals court finding a judge made an error in his reading of the claims of one patent at issue.

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Bed Bath N’ Table scores partial win in IP suit against rival
Intellectual Property 2024-01-16 4:59 pm By Cindy Cameronne

A judge has handed a partial win to homewares brand Bed Bath N’ Table, finding rival House misled consumers by opening a sub-brand called House Bed & Bath but rejecting the retailer’s trade mark infringement claims.

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