A judge has refused a bid to expand the group membership in an underpayments class action against discount retailer The Reject Shop, saying it was based on a misconceived premise.
The funder behind a class action against Transport for NSW that has switched law firms five times has been hit with indemnity costs after it failed to brief a barrister in a dispute over its bid to rescind trust funds.
The funder behind a class action against Transport for NSW by residents displaced by the construction of Sydney’s WestConnex tunnel has been ordered to pay $134,000 to cover the class action’s costs after it brought a failed action to rescind trust funds.
The crypto platform formerly known as Be Pay Australia has settled a trade mark infringement suit by BPay after court-ordered mediation, changing its name and paying $50,000 toward the legal costs of the bill payments giant.
Electronic payment solutions company BPAY has filed a lawsuit accusing crypto platform owner Be Pay Australia of infringing its BPAY trade mark.
Dental aligner maker Invisalign has won an appeal of a decision rejecting its case accusing SmileDirectClub of misleading consumers, but the appeals court noted that the prospect of a new trial was “remote” after its competitor went under.
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.
Dental aligner maker Invisalign has lost its case accusing competitor SmileDirectClub of misleading consumers about the cost and efficacy of its direct-to-consumer teeth alignment kits
The reputation of a registered trade mark and its owner is not relevant in assessing the deceptive similarity of a challenged mark, the High Court has found, clarifying the test for infringement under a section of the Trade Marks Act.
A contradictor has argued that the High Court must consider the reputation of Botox maker Allergan’s trade marks in a cosmetic company’s challenge to a judgment finding it infringed the marks by marketing its topical creams as Botox alternatives.