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Hog’s Breath class action ‘can’t be left in abeyance forever’, judge says
Class Actions 2023-06-05 4:22 pm By Gareth Baker

A judge has warned against a franchisee class action against Hogs Breath Cafe Australia remaining in limbo after the restaurant chain’s bid to toss the case was set back by the second applicant’s poor health. 

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Quorn’s patent application for vegan burger falls apart
Intellectual Property 2023-05-26 11:07 pm By Gareth Baker

Marlow Foods, maker of popular meat-replacement product Quorn, has lost an application to patent a vegan burger that contains a non-egg binding agent, with IP Australia saying the recipe lacked inventiveness.

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Aussie honey producers triumph in trans-Tasman tussle over manuka honey rights
Intellectual Property 2023-05-22 10:11 pm By Gareth Baker

New Zealand honey producers have failed in a lengthy fight with their Aussie counterparts to trade mark the term ‘manuka honey’, with the Intellectual Property Office of New Zealand ruling the phrase is merely descriptive of a type of honey.

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General Mills says price hikes violated Old El Paso agreement
Food and Beverage 2023-05-08 11:48 pm By Gareth Baker

Consumer food giant General Mills is suing relish maker Baxters, alleging breach of an agreement to manufacture Old El Paso products for sale in Australia.

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Class action can’t grill Noumi lawyer on legal privilege claims over PwC docs
Securities 2023-05-02 11:27 pm By Christine Caulfield

The applicants in a shareholder class action against the former Freedom Foods have failed in a bid to cross-examine Noumi’s inhouse counsel on affidavits swearing to the legal professional privilege of 3,000 documents, including material containing advice from accounting firm PricewaterhouseCoopers.

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‘Excessive’ costs by Nando’s top tier law firm for simple exam chopped by 72%
Franchises 2023-04-27 11:16 pm By Christine Caulfield

The costs billed by Nando’s Australia’s law firm for work on a “straightforward” judgment debtor examination of a franchisee — totalling almost a fifth of the debt — have been slashed, with a court finding the costs manifestly excessive.

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IP Australia shreds cheese makers’ opposition to ‘parmesan’ trade mark
Intellectual Property 2023-04-27 10:00 pm By Cat Fredenburgh

A consortium of parmigiano reggiano producers has lost its opposition to registration of a parmesan trade mark in Australia by an international group dedicated to protecting common names from being monopolised.

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Facebook ad shows use of ‘Motherland’ trade mark, High Court told
High Court 2023-04-24 10:55 pm By Cindy Cameronne

The High Court has been asked to weigh in on whether online ads targeting Australian consumers can be the basis for a trade mark registration, in a long-running intellectual property spat between the maker of Mother Energy drinks and Vittoria Coffee over their respective ‘mother’ marks.

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Vittoria can’t transfer IP spat over Moccona instant coffee jar
Intellectual Property 2023-04-17 4:11 pm By Christine Caulfield

Coffee brand Vittoria can’t transfer a case over the trade mark for rival Moccona’s instant coffee jar from one Federal Court registry to another, with a judge reminding the company that the court was “well into the 21st century” and could livestream hearings without the need for interstate travel.

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Monster Energy hit with patent infringement suit over branded pull tabs
Intellectual Property 2023-04-13 2:48 pm By Sam Matthews

Monster Energy has been sued by an inventor who claims that the beverage giant infringed his patent for laser etched pull tabs like those used to package its energy drinks.

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