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Software company resists spending ‘$90,000 on a barrister’ in trade mark fight with Google
Intellectual Property 2024-04-05 11:02 pm By Christine Caulfield

The sole director of a small software company can’t act for his business in defending against an intellectual property case brought by digital titan Google, despite his plea to the court that his firm did not have the financial means to hire lawyers.

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Italian food hall Mercato Centrale defeats trade mark infringement case by 50-year-old deli
Intellectual Property 2024-02-27 11:18 pm By Christine Caulfield

The proprietors of a family-owned Adelaide deli selling imported food for the past 50 years have lost a trade mark lawsuit targeting Eddie Muto’s Il Mercato Centrale — the sprawling Italian market expected to open its first Australian location in Collins St, Melbourne this year.

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Full Court revives Finish Powerball trade marks, but it’s not a clean victory
Intellectual Property 2024-02-16 4:56 pm By Cindy Cameronne

The maker of Finish dishwashing products, RB Hygiene, has won a partial appeal in a trade mark stoush with rival Henkel, with the Full Court reviving two of its trade marks but rejecting its challenge to a logo for competing Somat-branded products.

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Finish maker Reckitt won’t drop court battle with Proctor & Gamble
Competition & Consumer Protection 2024-01-30 11:04 pm By Christine Caulfield

Finish detergent maker Reckitt Benckiser has thrown the latest punch in a long-running grudge match against rival Proctor & Gamble, with RB challenging a ruling that it made misleading claims about its popular dishwashing product.

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Bickfords squeezes out Frucor’s ‘Real McCoy’ trade mark
Intellectual Property 2024-01-26 9:28 am By Cindy Cameronne

Australian beverage company Bickfords, which makes ‘Real McCoy’ whiskey mixed drinks, has successfully opposed rival drink maker Frucor Suntory’s bid to trade mark the same name for a fruit juice product, with an IP Australia delegate finding the beverages were similar.

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The Agency Group loses trade mark fight with real estate rival
Intellectual Property 2024-01-24 3:03 pm By Cindy Cameronne

Sydney real estate group The Agency has lost an appeal in its trade mark case against a rival, with the Full Federal Court upholding a finding that the company would have an “unwarranted monopoly” if other businesses were barred from using the descriptive words in its name.

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Cantarella tries to revive ‘Oro’ mark for Vittoria coffee
Intellectual Property 2023-12-21 1:48 pm By Cat Fredenburgh

Vittoria’s Cantarella Bros has lodged an appeal in a long-running trade mark stoush with Italian rival Lavazza after a judge found the coffee manufacturer’s two registered ‘Oro’ marks should be cancelled because the word was previously used by another coffee supplier. 

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KFC loses challenge to Grill’d’s HFC trade mark
Intellectual Property 2023-12-07 10:22 pm By Sam Matthews

KFC has failed to block Grill’d’s HFC trade mark, with a judge finding the marks are not deceptively similar and that Grill’d did not act in bad faith despite parodying the fast food giant in advertising for its ‘Healthy Fried Chicken’ products. 

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Procter & Gamble’s ’30 Minute Miracle’ dish soap claims don’t wash, court finds
Competition & Consumer Protection 2023-11-30 3:49 pm By Cindy Cameronne

Consumer goods giant Procter & Gamble Australia made misleading statements that its Fairy ‘30 Minute Miracle’ dishwashing tablet was better at cleaning than Reckitt Benckiser’s Finish Platinum Plus, but both companies made false claims about their products, a judge has found.

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Cantarella loses ‘Oro’ mark on Vittoria coffee in spat with Lavazza
Intellectual Property 2023-10-20 3:11 pm By Cindy Cameronne

Vittoria’s Cantarella Bros has lost its long-running trade mark stoush with Italian rival Lavazza after a judge found the coffee manufacturer’s two registered ‘Oro’ marks should be cancelled because the word was previously used by another coffee supplier. 

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