Food and Beverage

Moccona’s instant coffee jar shape trade mark should be cancelled because the mark is functional and can’t distinguish the company’s goods, the owner of coffee brand Vittoria argues in a trade mark infringement cross-claim.

Baby food producer Bellamy’s has hit back at a $400,000 lawsuit by its former chief executive officer, saying she was sacked because of “poor financial performance” and not because she complained about sex discrimination. 

A judge overseeing a $129 million underpayments class action against hospitality giant Merivale has rejected a bid for a second round of opt out notices, finding that even if the first round went straight to employees’ junk or spam folders, it did not follow that they had not been read.

Artisanal chocolate brand Koko Black has brought legal action against rival chocolate maker Kokopod and its owner, alleging they are infringing on Koko Black’s trade marks.

The owners of Mother energy drinks and Vittoria Food & Beverage have both lost their challenges to each other’s ‘Motherland’ and ‘Mothersky’ trade marks and are considering taking the long-running stoush to the High Court. 

Facing a claim to cover the legal costs of former Orix CEO John Carter under a D&O policy, Chubb has been given the green light to argue that Coca-Cola Amatil’s board had no knowledge of alleged secret bribes.

Hospitality giant Merivale is contesting a bid by the applicant in a $129 million underpayments class action to issue a second opt out notice to employees, which it said was an attempt to ensure group members “take an interest” in the proceedings.

A judge has stayed an Australian lawsuit filed by food delivery service HungryPanda against competitor Fantuan over the acquisition delivery platform EASI until a related UK lawsuit is resolved, amid a fight for control of the local Asian food delivery market.

An IP Australia delegate has partially revoked a Coca-Cola trade mark for a cartoon lemon acquired from Monster Energy in 2015, finding scant evidence that Hubert’s Lemonade, which features the winking lemon, has been sold in Australia.

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.