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BPay settles trade mark stoush with crypto platform Be Pay
Intellectual Property 2024-08-15 2:00 pm By Andy Sidler

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. 

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Fintech BPay sues crypto platform Be Pay for trade mark infringement
Intellectual Property 2024-04-16 1:33 pm By Cindy Cameronne

Electronic payment solutions company BPAY has filed a lawsuit accusing crypto platform owner Be Pay Australia of infringing its BPAY trade mark.

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Invisalign wins appeal against penniless SmileDirectClub over teeth straightener claims
Appeals 2024-04-11 9:07 pm By Sam Matthews

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.

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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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Judge frowns on Invisalign’s lawsuit against SmileDirectClub
Competition & Consumer Protection 2023-05-08 1:08 pm By Sam Matthews

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

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Trade mark reputation not relevant in deceptive similarity cases, High Court rules
Intellectual Property 2023-03-15 3:08 pm By Christine Caulfield

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.

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An ‘odd’ result: High Court told reputation can’t be ignored in Botox TM case
Intellectual Property 2022-12-08 4:30 pm By Cindy Cameronne

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.

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Defamation, class action barristers among 20 new silks
People In The News 2022-10-06 6:03 pm By Sam Matthews

Twenty barristers have risen to the ranks of senior counsel in New South Wales, including a veteran defamation barrister, two counsel with class action expertise and part of the team that saw ASIC’s claims against two Rio Tinto executives dropped.

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$2.5M in damages sought in ‘Love Is In The Air’ copyright suit
Intellectual Property 2022-03-01 4:06 pm By Miklos Bolza

The holder of the licence for ‘Love Is In The Air’ is seeking $2.5 million in damages from Oregon electronic music duo Glass Candy for infringing the copyright for the 1970s disco hit, despite a judge dismissing most claims for damages against the pair.

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Hopping mad Brick Lane Brewing accuses Better Beer of ripping off brand
Intellectual Property 2021-12-23 6:28 pm By Miklos Bolza

Melbourne craft beer producer Brick Lane Brewing Co has filed proceedings accusing three companies behind the zero carb Better Beer of ripping off its packaging in breach of the Australian Consumer Law.

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