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Johnnie Walker wins trade mark fight over McGuigan Wines’ Black Label
Intellectual Property 2024-08-13 11:40 pm By Andy Sidler

Australian wine company McGuigan has lost its bid to trade mark ‘Black Label’ for its wine after Johnnie Walker, which makes the popular Black Label whiskey, successfully argued it would cause consumer confusion.

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No loss to Bordeaux wine producer from Tassie pinot noir bottle’s misleading appearance: court
Intellectual Property 2024-03-19 11:53 pm By Christine Caulfield

The maker of Tasmanian pinot noir label New Certan breached the consumer laws in bottling its product in a way that resembled the packaging of a fancy French drop, but the premium wine producer failed to prove any loss, a court has ruled.

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CSIRO mulls lawsuit over gut-friendly wheat patent
Intellectual Property 2023-05-23 10:35 pm By Sam Matthews

CSIRO has won its bid to access samples of a wheat grain product with increased fibre, as it contemplates a possible patent infringement lawsuit against a South Australian food company.

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Melbourne craft brewery’s zero carb rival didn’t rip off IP, judge finds
Intellectual Property 2023-02-09 4:24 pm By Cindy Cameronne

Melbourne craft beer producer Brick Lane Brewing has lost its lawsuit 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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Trendy neoprene handbag not entitled to copyright protection, Full Court finds
Intellectual Property 2022-04-20 6:08 pm By Sam Matthews

An Australian designer of a trendy neoprene handbag sold at high-end department stores has lost an appeal which challenged a judge’s finding that its flagship bag was not a work of artistic craftsmanship.

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Maurice Blackburn prevails in State Street appeal over Fearless Girl
Appeals 2022-04-11 4:11 pm By Miklos Bolza

Maurice Blackburn has successfully defeated an appeal of a judgment that found the law firm did not breach the intellectual property rights of US financial services giant State Street Global Advisors by displaying a replica of the world renowned Fearless Girl statue in Melbourne.

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Full Court deals drug companies a blow on patent term extensions
Intellectual Property 2022-03-18 10:27 pm By Miklos Bolza

The Full Court has upheld two judgments that shortened patent term extensions granted to Merck Sharpe & Dohme and Ono Pharmaceuticals, finding the extension regime cannot be construed as achieving a “commercial outcome for a patentee”.

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Jellycat’s Bashful Bunny plush toy ‘hardly a revolutionary concept’, court told
Intellectual Property 2022-03-01 6:18 pm By Bianca Hrovat

A toy designer that has been sued for allegedly copying the design of toy maker Jellycat’s beloved ‘Bashful Bunny’ has pushed back at a request for discovery concerning its design process, telling the court “a plush toy in the shape of a bunny is hardly a revolutionary concept”.

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Maurice Blackburn ‘more savvy than the rest of us’, judge says in Fearless Girl spat
Intellectual Property 2022-02-22 9:21 pm By Bianca Hrovat

A Full Federal Court judge has questioned whether law firm Maurice Blackburn was “savvy” to the origins of New York’s famous Fearless Girl statue when it launched a copycat marketing campaign in Melbourne’s Federation Square.

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Maurice Blackburn appropriated Fearless Girl statue for ‘gender equality credentials’, court told
Intellectual Property 2022-02-21 9:06 pm By Bianca Hrovat

Law firm Maurice Blackburn deliberately appropriated the iconic Fearless Girl statue in order to promote its own gender equality credentials, the Full Federal Court has heard.

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