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Allergan appeals loss in Botox trade mark dispute
Appeals 2021-01-20 5:16 pm By Miklos Bolza

Botox maker Allergan has appealed a court judgment tossing most of trade mark case against an Australian cosmetics company that sells topical creams as Botox alternatives.

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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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Top 10 class action settlements of 2020
Analysis 2021-01-12 10:46 pm By Spencer Fowler Steen

Payouts in class actions in 2020 largely kept pace with the previous year despite the financial strain of the COVID-19 pandemic, with companies and other defendants paying more than $696 million to settle class actions last year.

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Class action expert finds PFAS ‘stigma’ diminished property values
Class Actions 2020-12-22 5:40 pm By Miklos Bolza

Properties near seven air force bases where allegedly toxic firefighting foam was used experienced a drop in land value because of the “stigma” of contamination, according to an expert report accepted by the Federal Court in a class action seeking compensation from the Federal government.

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Reckitt’s ‘weak’ case dooms bid to kill Raid Max ads
Competition & Consumer Protection 2020-12-14 1:16 pm By Christine Caulfield

A judge has dismissed an attempt by a Reckitt Benckiser unit to block Raid insect spray ads by rival SC Johnson , saying the consumer goods giant had a “weak” prima facie  case based on “excessively literal and strained” interpretations of the ads.

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Judge frowns on Allergan’s ‘Botox’ trade mark lawsuit
Intellectual Property 2020-10-28 7:29 pm By Cat Fredenburgh

Botox maker Allergan has lost a lawsuit that accused an Australian cosmetics company that sells topical creams as an alternative to Botox injections of infringing its Botox trade mark.

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No relief: AFT appeals Reckitt-Benckiser win over Maxigesic ads
Competition & Consumer Protection 2020-10-21 4:12 pm By Christine Caulfield

The maker of pain killer Maxigesic is taking its long-running battle with Nuromol manufacturer Reckitt Benckiser to an appeals court after a recent ruling that its advertising misled consumers by claiming Maxigesic provided better, faster and more effective pain relief than paracetamol or ibuprofen.

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Merck Sharp & Dohme settles trade mark spat with German drug company
Intellectual Property 2020-10-05 12:45 pm By Cat Fredenburgh

US drug company Merck Sharp & Dohme has settled trade mark litigation brought by German drug maker Merck KGaA alleging it violated a 1970 agreement by using the “Merck” mark in Australia.

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Further pain for AFT as court finds new Maxigesic ads misleading
Competition & Consumer Protection 2020-08-04 4:18 pm By Miklos Bolza

AFT Pharmaceuticals has suffered another blow over its Maxigesic advertisements, with a judge finding the marketing material misled consumers by claiming to provide better, faster and more effective pain relief than paracetamol or ibuprofen.

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Dentons can’t block use of info from its class action in latest toxic foam case by Shine
Class Actions 2020-06-30 4:47 pm By Cat Fredenburgh

Shine Lawyers has been given the go ahead to use two reports produced in three settled PFAS class actions as evidence in its latest case over the Defence Department’s firefighting foam, with a judge saying any implied undertaking not to re-use the material lost force when the information became public.

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