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Trade mark reputation not relevant in deceptive similarity cases, High Court rules
Intellectual Property 2023-03-15 3:08 pm By Christine Caulfield

The reputation of a registered trade mark and its owner is not relevant in assessing the deceptive similarity of a challenged mark, the High Court has found, clarifying the test for infringement under a section of the Trade Marks Act.

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Moccona sues Vittoria for selling instant coffee in a jar
Intellectual Property 2023-03-10 2:14 pm By Sam Matthews

A trade mark stoush between the owners of coffee brands Moccona and Vittoria is “all about whether people think a jar means Moccona”, a court has heard.

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The top litigation law firms of 2022
Litigation Law Firms of the Year 2023-03-03 6:35 am By Cat Fredenburgh

Lawyerly’s Litigation Law Firms of 2022 racked up precedent-setting victories in a year that continued to see major developments in class action law.

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Uber loses bid to pare back taxi driver class action
Class Actions 2023-02-20 10:34 am By Sam Matthews

A judge has dismissed Uber’s application to trim down a class action brought by taxi and hire car drivers in four states over the introduction of UberX, finding that cutting claims related to the hire care driver group would cause “real prejudice”.

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In first beauty parade of its kind, law firms compete to manage $300M J&J settlement
Class Actions 2023-02-16 10:43 pm By Cindy Cameronne

Sixteen law firms and accounting firms have thrown their hat in the ring to administer a $300 million settlement in two class actions against Johnson & Johnson over pelvic mesh devices that injured thousands of women.

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J&J class action settlement ‘massively’ short of what pelvic mesh victims owed, court told
Class Actions 2023-02-16 10:04 pm By Cindy Cameronne

A contradictor appointed in two pelvic mesh class actions against Johnson & Johnson has blasted a $300 million settlement, calling it “massively” short of what is owed to group members, after a judge preliminarily found the sum was not fair and reasonable.

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Uber looks to trim taxi driver class action
Class Actions 2023-02-10 4:36 pm By Sam Matthews

Uber wants to trim a class action by taxi and hire drivers in four states over the introduction of UberX, saying the case lacks coherence.

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Full Court triples ‘manifestly inadequate’ penalty against Employsure
Competition & Consumer Protection 2023-02-08 11:34 am By Cindy Cameronne

The Australian Competition and Consumer Commission has won its appeal against Employsure over alleged misleading Google advertisements, with the Full Federal Court upping the penalty against the specialist workplace relations consultancy from $1 million to $3 million.

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Pelvic mesh applicant wants Shine’s former class action head to keep case
Class Actions 2023-02-03 5:00 pm By Cindy Cameronne

The applicant in a Shine Lawyers-run class action against Boston Scientific over alleged defective pelvic mesh wants to switch legal representation, taking her business to Shine’s former class actions head, who recently parted ways with the firm to launch her own boutique.

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Law firm must compete to administer $300M J&J class action settlement
Business of Law 2023-01-10 3:49 pm By Sam Matthews

A judge has opened the administration of a $300 million settlement in a pelvic mesh class action to a competitive bidding process, shortly after another judge said law firms were not uniquely qualified to distribute class action spoils.

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