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Court throws out Merck Sharp & Dohme’s Januvia patent extension
Intellectual Property 2021-08-12 2:29 pm By Miklos Bolza

The Federal Court has dealt US drug giant Merck Sharp & Dohme a devastating blow, overturning an “untenable” patent term extension which would have protected the monopoly of its multibillion-dollar Januvia and Janumet diabetes drugs beyond July 2o22.

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In-N-Out Burger wants trade mark suit fast-tracked amid concerns over negative reviews
Intellectual Property 2021-08-04 7:08 pm By Bianca Hrovat

Popular American restaurant chain In-N-Out Burger is seeking to fast-track a trade mark lawsuit against an Australian food business which operates four “ghost kitchens”, citing negative reviews from allegedly misled customers.

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Conga Foods appeals loss in La Famiglia trade mark dispute
Intellectual Property 2021-04-14 2:30 pm By Christine Caulfield

Pasta distributor Conga Foods is challenging a ruling that dashed its bid to register its ‘La Famiglia Rana’ trade mark in Australia.

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Sandoz cross-claim seeks to block Merck Sharp & Dohme’s Januvia patent extension
Intellectual Property 2021-03-09 1:51 pm By Miklos Bolza

Generic pharmaceutical company Sandoz has hit back in an intellectual property lawsuit by Merck Sharp & Dohme, filing a cross-claim that seeks to undo an extension of time granted to the US drug manufacturer for a patent relating to its multibillion dollar Januvia and Janumet diabetes drugs.

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Goodman Fielder wins ‘La Famiglia’ trade mark dispute
Intellectual Property 2021-02-08 2:58 pm By Spencer Fowler Steen

Australasian food company Goodman Fielder has successfully challenged a bid by Conga Foods and an Italian pasta producer to register the ‘La Famiglia’ trade mark for pasta products.

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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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‘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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‘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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Drunks and prostitutes: Down N’ Out trade mark evokes Sin City, not In-N-Out, court told
Intellectual Property 2019-07-03 8:48 pm By Miklos Bolza

Sydney’s Down N’ Out Burgers has rejected claims that it appropriated the trade mark of US burger chain In-N-Out, telling a court at the close of trial that the founders were inspired by the success of the American company but wanted to evoke the idea of Sin City, not speedy service.

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