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Atomic coffee machine distributor roasted in appeal of trade mark decision
Intellectual Property 2019-01-15 8:30 pm By Christine Caulfield

The Australian distributor of Atomic coffee machines has lost a Federal Court appeal of an IP Australia decision allowing the registration of the Atomic trade mark by a South Perth cafe, with a judge slamming her evidence on the stand as untruthful.

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Apple settles ‘HealthKit’ trade mark dispute with Aussie startup
Intellectual Property 2019-01-15 11:47 am By Miklos Bolza

Tech giant Apple can move forward with its plans to register the “HealthKit” trade mark for its popular health and fitness tracking app after resolving a dispute with an Australian startup over the mark.

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Cargill ordered to give Glencore info on unauthorised barley use
Corporate 2019-01-14 5:08 pm By Cat Fredenburgh

Agricultural giant Cargill has been ordered to hand over documents to Glencore regarding its use of an unauthorised type of barley before and after its $420 million acquisition of malt producer Joe White.

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Ex-Liberal MP can’t get names of News Corp sources behind leaked erotic lit
Defamation 2019-01-09 3:27 pm By Miklos Bolza

A judge overseeing former Liberal politician Dennis Jensen’s defamation case against News Corp has denied him access to the identity of anonymous sources who leaked information to the publisher, including erotic passages from his unpublished novel, which led to him being dumped from the party.

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Judge questions Gadens’ cost disclosures in fee spat with client
Business of Law 2019-01-08 9:28 pm By Christine Caulfield

A judge has allowed an assessment of Gadens’ legal costs in a dispute with a client over $665,000 in fees, saying while the application had been filed out of time, the law firm seemed to have done “little by way of compliance” with its costs disclosure obligations. 

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Clipsal copycat seller gets more time to pay contempt fine in trade mark case
Intellectual Property 2019-01-08 8:55 pm By Christine Caulfield

A man charged with contempt of court for failing to hand over infringing products in a trade mark case won by electrical goods manufacturer Clipsal Australia gets six more months to pay his outstanding fine, or he goes to jail.

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Octaviar investors, class action funder dodge indemnity costs
Class Actions 2019-01-08 1:17 pm By Miklos Bolza

The investor behind a failed class action against the Public Trustee of Queensland over the collapse of Octaviar Group has escaped a bid by the Trustee for maximum costs, with a judge ruling the case was not a “nakedly speculative venture” by the funder.

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Pitcher Partners fined $5.6M for concealing botched accounting
Financial Services 2019-01-07 8:37 pm By Miklos Bolza

Accounting firm Pitcher Partners has been ordered to pay more than $5.6 million in damages for fraudulently concealing an amortisation error that caused a well-known bus operator to face higher than expected costs in a NSW transport tender.

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Judge greenlights MWL derivative suit against Focus Financial
Corporate 2019-01-07 11:42 am By Miklos Bolza

Majority shareholders in MWL Financial have won court approval to bring a derivative suit against US-based Focus Financial Partners over an acquisition gone sour.

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ASIC mulls appeal of Westpac ‘personal advice’ ruling
Financial Services 2019-01-04 10:31 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has not ruled out a challenge to a ruling that two Westpac subsidiaries didn’t provide personal financial advice as part of a campaign encouraging customers to roll over external superannuation accounts.

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