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Judge rejects bid for second opt out notice in Merivale class action
Class Actions 2023-03-27 3:27 pm By Sam Matthews

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.

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Chocolatier Koko Black takes rival to court for TM infringement
Intellectual Property 2023-03-23 9:12 pm By Christine Caulfield

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.

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Drink rivals mull High Court appeals after losing ‘Mother’ of all trade mark disputes
Intellectual Property 2023-03-22 2:11 pm By Cindy Cameronne

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. 

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In fight with ex-Orix CEO, Chubb can argue Coca-Cola Amatil knew nothing of alleged bribes
Insurance 2023-03-22 9:56 pm By Cindy Cameronne

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.

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Merivale slams class action’s bid for second opt out notice to workers
Employment 2023-03-21 3:03 pm By Sam Matthews

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.

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Judge stays Victorian suit over alleged conspiracy to undermine HungryPanda’s EASI acquisition
Corporate 2023-03-20 2:57 pm By Sam Matthews

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.

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Coca-Cola trade mark for lemon cartoon revoked for non-use
Intellectual Property 2023-03-17 10:00 pm By Cat Fredenburgh

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.

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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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Judge troubled by class action firm’s costs, union’s delay in rival McDonald’s cases
Employment 2023-03-09 11:04 pm By Cindy Cameronne

A judge is weighing up a law firm’s high legal costs against a union’s “bizarre” delay in a stoush over who should run a case against McDonald’s alleging 100,000 workers were denied rest breaks. 

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Court asked to toss Kanye West’s suit against College Dropout Burgers
Intellectual Property 2023-03-02 4:21 pm By Christine Caulfield

A small Melbourne restaurant facing litigation by the US rapper formerly known as Kanye West will seek to have the case dismissed on Friday after the artist failed to meet a deadline for filing evidence.

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