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Acai berry co. ends case alleging Aussie duo stole Amazon narrative
Competition & Consumer Protection 2018-11-14 10:58 pm By Christine Caulfield

California-based acai berry company Sambazon Inc. has resolved legal action that accused its former Australian distributors of co-opting the company’s Amazonian narrative to promote a competing business.

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Common shapes don’t distinguish Italian meat co.’s trade mark, delegate finds
Intellectual Property 2018-11-12 3:22 pm By Cat Fredenburgh

Italian meat producer A.I.A. has lost its opposition to a trade mark application by competing salumi manufacturer Borgo, with the Registrar of Trade marks finding commonplace geometrical forms in trade marks that also feature a distinctive word are insufficient to distinguish a mark.

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Domino’s, Precision Tracking lay down swords in battle over GPS patents
Intellectual Property 2018-10-22 11:57 am By Cat Fredenburgh

Domino’s Pizza and Precision Tracking have reached a settlement on the eve of trial in a hard-fought battle by the US pizza giant to invalidate two of the Australian tech startup’s patents covering a GPS system that helps customers locate delivery drivers in real-time.

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Goodman Fielder fights bid to have pasta trade marks deregistered
Intellectual Property 2018-10-16 11:15 pm By Cat Fredenburgh

Food manufacturer Goodman Fielder has shot back against claims by rival Conga Foods that six of its trade marks for pasta products should be deregistered for non-use.

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Court cans Asahi bid for docs to probe consumer claims against Gloria Jeans owner
Competition & Consumer Protection 2018-10-15 5:27 pm By Miklos Bolza

Asahi Beverages has lost a bid for preliminary discovery to consider whether it should bring misleading and deceptive conduct claims against a unit of Retail Food Group, owner of the popular Gloria Jeans Coffee and Donut King franchises.

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Aussie wine label regime floated to fight copycats
Intellectual Property 2018-09-24 11:30 pm By Cat Fredenburgh

The Department of Agriculture and Water Resources has proposed a wine label directory meant to safeguard the intellectual property of Australian wine makers by making it easier to detect and bring lawsuits against copycats.

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Scotch Whisky is generic, can’t be trademarked, court told
Intellectual Property 2018-09-17 4:00 pm By Christine Caulfield

Facing a trade mark infringement lawsuit for selling products under the name Scotch Whisky, Australian liquor retailer D’Aquino Bros has filed a claim of its own, arguing the words are a generic description used in Australia to mean any whisky from Scotland.

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Shareholders to contest Bellamy’s cost-capping bid in class actions
Class Actions 2018-09-14 2:09 pm By Christine Caulfield

A sought-after court order by organic baby food maker Bellamy’s to limit legal costs in two class actions won’t come without a fight, a barrister for the shareholders said Friday.

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Mars melts Kraft’s patent for heat-resistant chocolate
Intellectual Property 2018-09-13 10:25 pm By Cat Fredenburgh

Confectionery giant Mars has successfully opposed an application by Kraft Foods for an Australian patent for chocolate that doesn’t melt in the summer months.

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