Just three years after adopting its ‘why not litigate’ approach in response to a lashing by the Hayne royal commission, the corporate regulator has abandoned the tough enforcement stance as the Morrison government focuses on economic recovery from COVID-19.
In a recent decision, the Full Federal Court confirmed that a trade mark owner who merely authorises use of its trade mark cannot be subject to liability for direct trade mark infringement under section 120(1) of the Trade Marks Act, writes Shelston IP’s Kathy Mytton and Sean McManis.
A judge overseeing a Papua New Guinean politician’s defamation lawsuit has criticised Nine’s refusal to take down two allegedly defamatory articles ahead of a delayed trial, saying there was no reason to keep them online except for the publisher’s “pride or ego”.
A judge has reopened the trial in Hells Angels’ trade mark case against Melbourne-based retailer Redbubble to hear allegations by the bikie gang that the online marketplace was still selling infringing products after the July hearing wrapped up.
Swiss pharmaceutical company Biogen is seeking a court order blocking an Australian generic drug manufacturer from selling a cheap multiple sclerosis drug it claims infringes its patent for medicine Tecfidera, a court has heard.
A judge has struck out allegations of fraud in a cross-claim brought by the operator of a NSW open-cut coal mine, which accused several contractors of knowingly understating the time and cost of expansion works to the tune of $52 million.
Insurers Lloyds Australia and QBE want class actions by policyholders who were denied business interruption coverage for COVID-related shutdowns stayed until a related test case in the Federal Court is decided.
A court has tossed a lawsuit by Clive Palmer’s Mineralogy against ASIC, calling it an “ill-disguised collateral attack” against the regulator over criminal proceedings against the billionaire mining magnate over $12 million in payments made to his political party in 2013.
A Melbourne mortgage broker who filmed four police officers dying after they were hit by a truck after pulling him over for speeding in his Porsche has been banned by ASIC, a day before he’s set to be sentenced on criminal charges.
The Australian Energy Regulator has taken energy retailer Origin Energy to court for allegedly breaching its commitments to financially vulnerable customers, including by disconnecting the service of some who were on a payment plan.