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Chinese co’s $1.5B acquisition of Bellamy’s baby food empire gets the green light
Corporate 2019-11-15 12:11 pm By Miklos Bolza

The Federal Government has conditionally approved a $1.5 billion acquisition of all shares in baby food and milk formula manufacturer Bellamy’s Australia by a Hong Kong-based dairy firm after finding the transaction was “not contrary to the national interest”.

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Key insight into claim on Warranty & Indemnity insurance
Expert Insights 2019-11-14 9:35 pm By Christine Caulfield

The Supreme Court of Victoria has considered whether an insured buyer under a warranty and indemnity policy is entitled to indemnity from an insurer when it relied on income and liability warranties in a share sale agreement and those warranties were breached, a case that provides welcome guidance on the contractual interpretation of W&I policies, writes Justin McDonnell and Rebecca LeBherz of King & Wood Mallesons.

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Monster Energy takes on ‘mother’ of a trade mark battle
Intellectual Property 2019-11-13 3:44 pm By Cat Fredenburgh

Monster Energy has launched another Federal Court case against Vittoria Food & Beverage seeking to block the coffee maker from trading on the popularity of its Mother energy drink brand, and the beverage giant will have to convince the court that its brand is not so strong that confusion among consumers is not likely.

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‘Mother’ consumers know best: IP Australia shuts down Monster Energy’s trade mark opposition
Intellectual Property 2019-11-08 11:32 pm By Cat Fredenburgh

Monster Energy has lost its opposition to coffee company Vittoria Food & Beverage’s proposed ‘Mothersky’ trade mark, with a delegate of the Trade Marks Office saying the energy drink company’s ‘Mother’ energy drink brand was so strong in the minds of consumers that there was no likelihood of confusion.

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Domino’s can’t block funder from viewing unredacted docs in class action
Class Actions 2019-11-05 1:58 pm By Miklos Bolza

The Federal Court has rejected an “unusual” confidentiality regime proposed by Domino’s Pizza Enterprises which would have resulted in restricted access to discovered documents for the funder backing the class action against the global fast food giant.

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Mexican chain tries to block Taco Bell’s Australian expansion
Intellectual Property 2019-11-01 12:18 pm By Cat Fredenburgh

A Mexican restaurant franchise is waging a high-stakes courtroom battle to block US fast food giant Taco Bell from moving ahead with plans to set up shop in Victoria and NSW.

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a2 Milk looks to turn trade mark losses around in Federal Court
Intellectual Property 2019-10-28 10:54 am By Cat Fredenburgh

The a2 Milk Company has filed a challenge to a competitor’s winning bid to trade mark a phrase containing “a2”, its third lawsuit in Federal Court looking to reverse losses before the Trade Marks Office. 

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Monster Energy fights removal of ‘mother’ trade mark
Intellectual Property 2019-10-25 5:37 pm By Cat Fredenburgh

Beverage giant Monster Energy has launched a Federal Court challenge to the removal of its ‘mother loaded iced coffee’ trade mark, part of a portfolio of Mother energy drink-related marks acquired from Coca Cola in 2015.

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Bean there, done that: Lavazza says it used ‘oro’ trade mark before Vittoria
Intellectual Property 2019-10-22 11:14 pm By Cat Fredenburgh

Italian coffee manufacturer Lavazza has hit back against an infringement case brought by Australian rival Vittoria over two Oro trade marks, saying Vittoria’s rights over the marks should be revoked and claiming four decades of prior continuous use of its own unregistered mark.

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UDP wins $25M from insurers over doomed 5 Star Foods deal
Corporate 2019-10-10 5:27 pm By Miklos Bolza

Hong Kong-based UDP was entitled to $25 million from its insurers after losing more than $30 million from its disastrous acquisition of dairy conglomerate 5 Star Foods, which had been secretly overcharging one of its biggest customers, food giant Lion Nathan Group.

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