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ATO hits back at Pepsico lawsuit over Schweppes bottling payments
Tax 2022-03-25 9:31 pm By Miklos Bolza

A notice issued to Pepsico demanding royalty withholding tax over bottling payments made by Schweppes correctly notified the soft drink giant of its tax liability, the Australian Taxation Office has said.

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In-N-Out Burgers settles trade mark suit against ‘ghost kitchen’ operator
Intellectual Property 2022-03-18 9:58 pm By Miklos Bolza

American fast food chain In-N-Out Burgers has settled a trade mark dispute with a Queensland fast food business that operates “ghost kitchens” under the name In & Out Aussie Burgers.

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Mars keeps MM mark away from chocolate in trade mark settlement
Intellectual Property 2022-03-14 11:08 am By Miklos Bolza

A judge has signed off on a settlement in a trade mark spat between M&M candy maker Mars and the world’s largest macadamia grower, Macquis Macadamias, under which Marquis will no longer seek to register its MM mark for chocolate bars.

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Woolworths class action settlement ditched after judge expresses concerns
Class Actions 2022-03-08 12:36 pm By Miklos Bolza

A class action settlement with Woolworths which “troubled” a Federal Court judge has been abandoned, with the lead applicants resuming their bid to intervene in a parallel proceeding brought by the Fair Work Ombudsman against the supermarket giant.

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Energy Beverages tries to revive ‘Mother’ trade marks
Appeals 2022-03-08 3:41 pm By Cat Fredenburgh

The maker of Mother brand energy drinks has filed an appeal challenging a judge’s decision to remove two of its registered ‘Mother’ trade marks for non-use.

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‘The end of litigation as we know it’: Judge pans Nando’s costs in franchising spat
Franchises 2022-03-07 2:36 pm By Miklos Bolza

Nando’s Australia has been criticised for claiming that its costs in a dispute against a single franchisee could reach close to $2 million, with an associate judge saying the bill could kickstart a precedent that leads to “the end of litigation as we know it”.

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Viterra rejected $85M offer to settle Cargill lawsuit over Joe White sale
Competition & Consumer Protection 2022-03-02 10:27 pm By Sam Matthews

Grain producer Viterra, which has been ordered to pay $293 million to Cargill Australia for making misleading representations during the sale of malt producer Joe White, rejected an offer to settle the lawsuit for $85 million, a court has heard.

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PepsiCo takes ATO to court for taxing bottling payments by Schweppes
Tax 2022-02-23 3:30 pm By Miklos Bolza

PepsiCo has launched proceedings disputing claims by the Australian Taxation Office that amounts paid by Schweppes for local bottling and distribution services were royalties and had to be taxed accordingly.

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Judge trashes Energy Beverages’ ‘Mother’ trade marks
Intellectual Property 2022-02-22 5:56 pm By Sam Matthews

Energy Beverages, which makes Mother brand energy drinks, has failed to convince a judge that two of its ‘Mother’ trade marks should not be removed for non-use.

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Noumi to foot Blue Diamond’s legal bill as part of $48M settlement
Food and Beverage 2022-02-22 10:31 pm By Cat Fredenburgh

Noumi, formerly known as Freedom Foods, has agreed to pay $860,000 in Blue Diamond Growers’ costs as part of a $48 million settlement of a legal spat over a licensing deal to sell Almond Breeze milk, which the food maker unsuccessfully argued should be heard in Australia.

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