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‘Cheeky’ and deceptively similar: Down N’ Out infringed In-N-Out Burger’s trade mark, judge says
Intellectual Property 2020-02-26 7:11 pm By Miklos Bolza

An Australian burger chain launched as a tribute to the popular American burger franchise In-N-Out has lost a trade mark infringement lawsuit, with a judge finding its name choice was “deceptively similar” and “cheeky”.

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Rokt parries blows from Full Court as it looks to save software patent
Intellectual Property 2020-02-10 9:53 pm By Miklos Bolza

A landmark ruling granting fintech Rokt’s application for a software patent has come under attack before the Full Federal Court, with the judges expressing skepticism about the invention’s patentability.

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Judge won’t park patent infringement case over City of Melbourne’s vehicle sensor system
Intellectual Property 2020-01-15 10:47 pm By Christine Caulfield

A data services company has failed to put the brakes on a patent infringement case by tech company Vehicle Monitoring Systems over a system used by the City of Melbourne for timing parked vehicles, despite arguing the case ended with a settlement five years ago.

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Federal Court backs IP Australia’s rejection of computer-implemented invention
Intellectual Property 2019-11-25 4:58 pm By Cat Fredenburgh

The Federal Court has again sided with with the Commissioner of Patents in a challenge to a ruling that found two patents for a computer-implemented invention were not a manner of manufacture.

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Battle ahead as Hanwha seeks to ‘strengthen’ solar patent after suing rivals for infringement
Intellectual Property 2019-10-02 4:15 pm By Miklos Bolza

Global solar panel manufacturer Hanwha Q CELLS wants to amend the patent behind its solar technology, more than six months after launching infringement proceedings against three rivals.

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Full Court hands Seiko a win in ink cartridge patent dispute
Intellectual Property 2019-07-05 5:15 pm By Miklos Bolza

Printer giant Seiko Epson has won its cross-appeal against cartridge reseller Calidad in a Full Federal Court decision that further clarifies the extent to which patentees can prevent those acquiring a patent’s title from repurposing or manipulating the original product.

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Aristocrat sues Ainsworth over ‘extensive and deliberate’ theft of slot machine IP
Intellectual Property 2019-07-04 4:31 pm By Miklos Bolza

Casino and mobile game giant Aristocrat Technologies has sued rival Ainsworth Game Technology for alleged copyright infringement and breaches of Australian consumer law following the suspected theft of trade secrets by an employee.

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Drunks and prostitutes: Down N’ Out trade mark evokes Sin City, not In-N-Out, court told
Intellectual Property 2019-07-03 8:48 pm By Miklos Bolza

Sydney’s Down N’ Out Burgers has rejected claims that it appropriated the trade mark of US burger chain In-N-Out, telling a court at the close of trial that the founders were inspired by the success of the American company but wanted to evoke the idea of Sin City, not speedy service.

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SARB seeks to park vehicle detector patent case, says dispute settled 5 years ago
Intellectual Property 2019-05-16 8:25 pm By Miklos Bolza

Melbourne-based civic compliance firm SARB Management Group wants to put the brakes on a case brought by tech company Vehicle Monitoring Systems over a patented method for detecting vehicles, in a dispute it says was finalised in a settlement reached almost five years ago.

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Atomic coffee machine distributor roasted in appeal of trade mark decision
Intellectual Property 2019-01-15 8:30 pm By Christine Caulfield

The Australian distributor of Atomic coffee machines has lost a Federal Court appeal of an IP Australia decision allowing the registration of the Atomic trade mark by a South Perth cafe, with a judge slamming her evidence on the stand as untruthful.

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