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a2 Milk urges court to register ‘slightly mysterious’ trade marks
Intellectual Property 2021-07-27 5:00 pm By Miklos Bolza

The a2 Milk Company has urged the Federal Court to allow its ‘a2 Milk’ and ‘True a2’ trade marks to be registered, arguing they’re not merely descriptive of a protein in milk.

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Pop star Katy Perry wins privilege spat in trade mark lawsuit against designer
Intellectual Property 2021-06-28 4:07 pm By Cindy Cameronne

US singer Katy Perry has won a ruling shielding communications with lawyers from 2009 in a trade mark dispute with Australian fashion designer Katie Perry.

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The top litigation law firms of 2020
Feature 2021-01-27 11:21 pm By Cat Fredenburgh

Lawyerly’s Litigation Firms of 2020 delivered significant victories for clients last year in bet-the-company matters, thriving in a tumultuous year that saw courts and litigants adapt to virtual trials and other new norms that are sure to outlast the COVID-19 pandemic.

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Air France loses bid to limit injunction in ‘Love Is In The Air’ copyright case
Intellectual Property 2020-10-05 4:36 pm By Cat Fredenburgh

A judge has issued a broader injunction barring Air France from using the song ‘Love Is In The Air’ than the one proposed by the airline, after finding an Oregon electronic duo’s song which was licenced to Air France copied the 1977 disco hit.

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Judge recuses himself from patent spat over Melbourne parking detector
Intellectual Property 2020-08-27 5:56 pm By Miklos Bolza

A  judge has stepped aside from a patent lawsuit brought by tech firm Vehicle Monitoring Systems over a parking system used by the City of Melbourne after finding there may be a “genuine perception” that he could not approach the case with an open mind.

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Judge won’t re-open Love Is In The Air case to hear argument ‘overlooked’ the first time
Intellectual Property 2020-06-25 4:39 pm By Cat Fredenburgh

The judge overseeing a copyright infringement lawsuit against an electronic music duo and Air France over the 1977 disco hit ‘Love Is In The Air’ has denied a request to re-open the case or tweak his reasons for rejecting most claims for damages, saying the plaintiffs’ opportunity to raise an argument they had likely “overlooked” had passed.

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Court mulls joint hearing for a2 Milk’s triple trade mark dispute
Intellectual Property 2020-06-24 3:36 pm By Miklos Bolza

Three high stakes lawsuits brought by a2 Milk Company against rival diary producers over the use of a2 as a trade mark may be heard together in early 2021.

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GSK, Novartis agree to $4.5M penalty for misleading Osteo Gel claims
Competition & Consumer Protection 2020-05-04 3:40 pm By Alison Eveleigh

GlaxoSmithKline and Novartis have agreed to a combined penalty of $4.5 million after the Australian Competition and Consumer Commission accused the pharmaceutical giants of making misleading claims in marketing their Voltaren Osteo Gel and Voltaren Emulgel pain relief products.

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‘This case makes no sense’: Judge says ‘Love Is In The Air’ infringed, but no damages owed
Intellectual Property 2020-04-27 1:48 pm By Christine Caulfield

A judge has found that an Oregon electronic music duo “flagrantly” copied the 1977 disco hit ‘Love is in the Air’ but has rejected most claims for damages because the copyright holder of the song sued for each streaming and download of the song, rather than for the creation of the infringing work.

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Tips from top barristers on litigating in a virtual courtroom
Feature 2020-04-14 10:14 pm By Miklos Bolza

The novel coronavirus pandemic has forced Australian courtrooms into the virtual world, with many barristers and solicitors litigating via phone or video for the first time. Here, some of Australia’s top barristers offer tips on how to bring your A game into the virtual realm.

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