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Epic Games trial could shake up how Google, Apple run app stores
Trials 2024-03-15 10:23 pm By Cindy Cameronne

An Australian court will get a chance to weigh in on whether Apple and Google violated their dominant position in the app marketplace by requiring developers to use their payment systems or face a 30 per cent fee, when trial kicks off Monday in Fortnite game maker Epic Games’ case and two related class actions against the tech giants.

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Damages halted as Transport for NSW appeals loss in light rail class action
Appeals 2024-03-12 5:22 pm By Cindy Cameronne

Small businesses that allegedly suffered losses from interference caused by the construction of Sydney’s $3 billion light rail will have to wait before receiving any damages while Transport for NSW appeals its loss in a class action over the project’s construction.

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Affidavits by Ashurst lawyers adequate for Racing Victoria’s privilege claim, judge says
Competition & Consumer Protection 2024-02-23 11:30 pm By Christine Caulfield

A judge has ruled hearsay evidence given by Ashurst solicitors is sufficient for Racing Victoria to bring a claim for legal professional privilege over documents ordered to be produced to Racing NSW, which alleges it was the victim of an anti-competitive plot.

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Light rail class action can’t claim funder’s commission as damages
Class Actions 2024-02-22 10:36 am By Cindy Cameronne

A judge has declined a novel bid by the lead applicant in a class action over disruptions stemming from the construction of Sydney’s $3 billion light rail to claim a funder’s 40 per cent commission as damages, rather than as a deduction from group members’ payout.

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Instagram to accuse Melbourne start-up of violating US data security law
Technology 2024-02-16 1:46 pm By Cindy Cameronne

Instagram is planning to hit Dialogue Consulting with a cross-claim that accuses the Melbourne social media start-up of breaching US law related to the protection of users’ data and engaging in misleading or deceptive conduct.

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Cantarella tries to revive ‘Oro’ mark for Vittoria coffee
Intellectual Property 2023-12-21 1:48 pm By Cat Fredenburgh

Vittoria’s Cantarella Bros has lodged an appeal in a long-running trade mark stoush with Italian rival Lavazza after a judge found the coffee manufacturer’s two registered ‘Oro’ marks should be cancelled because the word was previously used by another coffee supplier. 

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Sydney light rail class action judge fears ‘opening a can of worms’ in siloing funder’s 40% cut
Class Actions 2023-12-13 9:05 pm By Cindy Cameronne

The lead plaintiff in a class action over Sydney’s light rail construction, who is seeking a $3 million judgment, has brought a novel bid for the NSW government to pay a funder’s 40 per cent commission as damages, rather than as a deduction from the amount owed to group members.

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Firm’s fees in Boston Scientific class action OK’d, 8 months after settlement gets nod
Class Actions 2023-11-24 11:34 pm By Christine Caulfield

A judge has signed off on almost $7.5 million in fees billed by the law firm behind the pelvic mesh class action against Boston Scientific, eight months after he approved the device maker’s $105 million settlement.

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Cantarella loses ‘Oro’ mark on Vittoria coffee in spat with Lavazza
Intellectual Property 2023-10-20 3:11 pm By Cindy Cameronne

Vittoria’s Cantarella Bros has lost its long-running trade mark stoush with Italian rival Lavazza after a judge found the coffee manufacturer’s two registered ‘Oro’ marks should be cancelled because the word was previously used by another coffee supplier. 

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High Court won’t step in to revive Energy Beverages’ ‘Motherland’ trade mark
Intellectual Property 2023-09-18 11:11 pm By Cat Fredenburgh

The maker of Mother Energy drinks has failed to convince the High Court that it should weigh in on its long-running intellectual property spat with Vittoria Coffee, which ended in the removal of its ‘Motherland’ trade mark.

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