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Full Court confirms no statutory liability for infringement by authorisation
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.
Judge says Nine’s ‘pride or ego’ only reason for alleged defamatory articles staying online
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”.
‘Very concerned’ judge reopens Hells Angels’ trade mark case against Redbubble
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.
Biogen wants injunction ahead of trial against Pharmacor over MS drug
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.
Fraud cross-claims struck out in Mach Energy suit over Mount Pleasant coal mine
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 want to stay COVID-19 insurance class actions
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.
Court tosses Mineralogy’s ‘ill-disguised collateral attack’ on ASIC
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.
Broker who filmed dying police officers banned by ASIC
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.
Regulator takes Origin Energy to court for disconnecting destitute customers
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.
Broadcaster appeals Seven’s win over ‘7HD’ trade mark
A Thai broadcaster has appealed a decision by IP Australia that found its proposed 7HD trade mark was deceptively similar to the Seven television network's mark.