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Kraft can bring new claims against Bega mid-trial
Competition & Consumer Protection 2018-08-22 8:00 pm By Cat Fredenburgh

The long, complex battle over who owns the rights to the Kraft peanut butter trade dress just promised to get longer, with Kraft winning approval to bring fresh allegations against Bega mid-trial.

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Sanitarium, Rebel can’t sue UK insurer over promotion campaign
Contracts 2018-08-17 11:58 pm By Cat Fredenburgh

A court has dismissed proceedings filed by cereal giant Sanitarium and sports equipment retailer Rebel Sports against a UK-marketing company over a risk transfer agreement that promised to indemnify the companies for a recent joint promotion campaign. 

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Caesarstone wins trade mark fight for ‘honest concurrent use’
Intellectual Property 2018-08-17 11:52 pm By Miklos Bolza

Building products maker Caesarstone can register two trade marks despite their deceptive similarity to a mark by ceramic tile maker Ceramiche Caesar, a judge has ruled, after finding Caesarstone had shown honest concurrent use of the marks.

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Reckitt to seek relief from Nurofen judgment before Full Court
Appeals 2018-08-17 11:45 pm By Cat Fredenburgh

Reckitt Benckiser will try to convince the Full Federal Court on Monday that a judge got it wrong when he found it misled consumers with claims that Nurofen is a more effective pain killer than rival GlaxoSmithKline’s Panadol.

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ACCC hopes laundry cartel case will wash with Full Court
Appeals 2018-08-16 11:44 pm By Cat Fredenburgh

The Full Federal Court will hear arguments next week in an appeal by the ACCC over an alleged laundry detergent cartel, the first so-called hub and spoke case brought by the competition regulator.

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Radio Rentals class denied info to advance claim about ‘strange’ contract structure
Class Actions 2018-08-16 5:41 pm By Cat Fredenburgh

The applicant in a consumer class action against Radio Rentals has lost her bid for interrogatories which an attorney for the class said could lend support to claims that the company’s “strange” lease contracts were structured to avoid its obligations under the Uniform Consumer Credit Code.

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AFL, NRL clubs to fix refunds policies on merchandise after ACCC probe
Competition & Consumer Protection 2018-08-16 11:56 am By Christine Caulfield

Top AFL and NRL clubs have agreed to change their refunds and returns policies on football and rugby merchandise after an investigation by the ACCC found they were in breach of the Australian Consumer Law.

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Pain relief for Difflam maker as Reckitt forced to pull lozenge ads
Competition & Consumer Protection 2018-08-10 10:19 pm By Miklos Bolza

Consumer goods giant Reckitt Benckiser has been ordered by the Federal Court to remove all in-store advertising for its Strepfen throat lozenges after a successful interlocutory application by rival iNova Pharmaceuticals.

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Iluka Resources says shareholders didn’t read the fine print
Class Actions 2018-08-09 11:25 am By Cat Fredenburgh

Iluka Resources has shot back at claims in a shareholder class action that it made misleading statements about projected sales volumes, saying the statements were accompanied by extensive disclaimers about its ability to predict future sales.

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Penfolds maker goes to court over ‘wine in a can’ patents
Intellectual Property 2018-08-08 9:04 pm By Miklos Bolza

Treasury Wine Estates has gone on the offensive in an intellectual property dispute with Melbourne-based “wine in a can” maker Barokes, launching court proceedings alleging the company’s patents are invalid and claiming it made “unjustified threats” against the Penfolds maker.

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