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Biggin & Scott infringed copyright by copying source code, Full Court finds
Appeals 2022-07-07 4:52 pm By Christine Caulfield

Real estate marketing platform Campaigntrack has won an appeal of a ruling in an important copyright case over its cloud-based software that accused real estate agency group Biggin & Scott of authorising reproduction of the software’s source code.

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In tossing inventor’s IP challenge, Full Court says essential oil a ‘staple commercial product’
Intellectual Property 2022-05-27 10:41 pm By Cindy Cameronne

The Full Federal Court has rejected an Australian inventor’s appeal of a ruling that found three manufacturers of essential oil products did not infringe his patent because the oil was a “staple commercial product”.

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Mother drink maker wins stay of trade mark loss, but must swallow costs
Intellectual Property 2022-04-26 2:53 pm By Sam Matthews

The maker of Mother brand energy drinks has won a stay of a judge’s decision to remove one of its trade marks for non-use, but has been hit with indemnity costs in its ongoing intellectual property stoush with rival Cantarella Bros.

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Judge trashes Energy Beverages’ ‘Mother’ trade marks
Intellectual Property 2022-02-22 5:56 pm By Sam Matthews

Energy Beverages, which makes Mother brand energy drinks, has failed to convince a judge that two of its ‘Mother’ trade marks should not be removed for non-use.

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Developer PPK Group appeals defeat in HWL Ebsworth negligence suit
Professional Negligence 2021-09-10 2:19 pm By Christine Caulfield

Property developer PPK Group is challenging the dismissal of its long-running negligence case against law firm HWL Ebsworth over the $25.5 million sale of Crown-owned Sydney land.

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Four months out from trial in 20-year-old trade mark spat, judge won’t add defendant
Intellectual Property 2021-03-30 2:48 pm By Miklos Bolza

A judge has denied an application by industrial filter manufacturer Laminar Air Flow to add a new respondent in a long-running trade mark dispute against rival Vokes Ltd, with a judge finding the company had provided no explanation as to why the bid was made just four months before trial.

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HWL Ebsworth defeats negligence lawsuit over Sydney land tender
Professional Negligence 2020-12-09 1:58 pm By Miklos Bolza

HWL Ebsworth has successfully defended a negligence lawsuit over the $25.5 million sale of Crown-owned Sydney land to property developer PPK Group, with a court finding that the developer was actually “better off” because of the transaction.

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Class action against personal injury law firm to be dropped
Personal injury 2020-11-23 1:54 pm By Christine Caulfield

A class action alleging a national personal injury firm overcharged clients will be discontinued after the lawyer behind the case, who failed in his bid to send a notice to group members soliciting funds, said he was not prepared to run the proceedings on a no win, no fee basis.

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Personal injury firm raises ‘serious concerns’ about irregularity of fees class action
Class Actions 2020-10-28 1:04 pm By Cat Fredenburgh

A personal injury law firm is seeking to shut down a class action alleging it charged clients unreasonable fees, telling the court that there were “serious concerns” about the irregularity of the proceedings and the conduct of the lawyer running it.

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Monster Energy takes on ‘mother’ of a trade mark battle
Intellectual Property 2019-11-13 3:44 pm By Cat Fredenburgh

Monster Energy has launched another Federal Court case against Vittoria Food & Beverage seeking to block the coffee maker from trading on the popularity of its Mother energy drink brand, and the beverage giant will have to convince the court that its brand is not so strong that confusion among consumers is not likely.

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