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‘Sydney’s most controversial burger restaurant’ loses appeal in trade mark beef with In-N-Out
Intellectual Property 2021-01-14 1:46 pm By Spencer Fowler Steen

The Full Federal Court has upheld an appeal by In-N-Out Burgers against Sydney-based Hashtag Burgers, finding that its two sole directors were also liable for trademark infringement and passing off in owning and operating their ‘DOWN-N-OUT’ burger restaurants.

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Full Court gives Branhaven another shot at bovine gene patent
Intellectual Property 2020-10-09 3:57 pm By Cat Fredenburgh

Australia’s leading livestock group cannot block US company Branhaven from amending its application for a bovine genome patent, which the group has worried could harm the Australian cattle industry’s ability to use genetic tests.

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Litigation funder wins access to docs in parking patent dispute against City of Melbourne
Intellectual Property 2020-06-12 9:19 pm By Miklos Bolza

The funder backing a patent lawsuit by tech firm Vehicle Management Systems over an invention used by the City of Melbourne to time parked vehicles has been granted extended access to discovered documents in the proceedings.

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‘New marketing opportunity’: Judge sees injunction’s silver lining in In-N-Out trade mark dispute
Intellectual Property 2020-06-09 2:35 pm By Cat Fredenburgh

A Sydney burger chain that was ordered to change its name after losing a trade mark lawsuit by popular American burger franchise In-N-Out has lost its request to stay the ruling, with a judge finding the company had “greatly exaggerated” the costs of the name switch, which she called “a new marketing opportunity”.

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Down N’ Out to appeal ‘cheeky’ In-N-Out Burger trade mark infringement ruling
Intellectual Property 2020-05-29 12:27 pm By Alison Eveleigh

An Australian burger chain that opened in Sydney as a tribute to the popular American burger franchise In-N-Out is set to appeal a trademark infringement ruling that found its name choice was “deceptively similar” and “cheeky”.

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GSK, Novartis agree to $4.5M penalty for misleading Osteo Gel claims
Competition & Consumer Protection 2020-05-04 3:40 pm By Alison Eveleigh

GlaxoSmithKline and Novartis have agreed to a combined penalty of $4.5 million after the Australian Competition and Consumer Commission accused the pharmaceutical giants of making misleading claims in marketing their Voltaren Osteo Gel and Voltaren Emulgel pain relief products.

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Producer behind Golden Girls puppet show loses defamation case against collaborators
Defamation 2020-03-09 5:30 pm By Christine Caulfield

A theatre producer facing a lawsuit by his former collaborators for stealing the script for his off-Broadway puppet show parody of the 80s TV sitcom Golden Girls has lost his own legal action against them, which alleged they defamed him and engaged in misleading and deceptive conduct by talking to a New York Times reporter about their lawsuit.

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City of Melbourne fights damages in parking patent case
Intellectual Property 2020-03-05 12:28 pm By Miklos Bolza

The City of Melbourne has rejected a claim for damages for allegedly infringing a patented parking detection system created by tech firm Vehicle Monitoring Systems, saying it was not aware of the existence of two patents underlying the invention.

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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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Court blocks Konami’s last-minute defence in damages trial over Aristocrat pokie patent
Intellectual Property 2019-10-17 9:46 pm By Miklos Bolza

Gaming and entertainment giant Konami has lost a bid to amend its defence in a patent case by rival Aristocrat Technologies on the second day of a damages hearing, with the judge finding the changes were contrary to the interests of justice and would require postponing the trial until late next year.

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