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Optus prevails in Telstra suit over ‘Empires End’ ad
Telecommunications 2018-05-30 3:21 pm By Christine Caulfield

A judge has lifted an injunction against an Optus ad campaign after ruling that Telstra failed to make its case that the ‘Empires End’ campaign was misleading or deceptive.

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Aristocrat docs still ‘floating around’ rival’s office, court told
Intellectual Property 2018-05-30 2:55 pm By Miklos Bolza

Gaming giant Aristocrat Technologies told a court Wednesday that confidential material used by a designer to steal its poker machine idea may yet find its way into the launch version of its rival’s machine, despite assurances to the contrary.

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Funder gets $30M in landmark class action creating common fund
Class Actions 2018-05-30 11:56 am By Christine Caulfield

The litigation funder behind the Federal Court’s precedential ruling that established the first common fund order in an Australian class action has secured a $30.75 million payout in the case.

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Judge won’t split trial against CFMEU three ways
Employment 2018-05-29 10:07 pm By Miklos Bolza

A Federal Court judge has refused an interlocutory application to split an upcoming trial in a case by the building watchdog against the Construction, Forestry, Maritime, Mining and Energy Union despite both parties agreeing to the move.

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Westpac class action funder wants $77M ‘windfall’, bank says
Class Actions 2018-05-29 9:49 pm By Miklos Bolza

If Shine Lawyer’s upper damage estimate of $259 million is correct, the funder backing the Westpac life insurance class action would be entitled to a “windfall” of $77 million, the bank told the Federal Court Tuesday.

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Airline settles with brain surgeon over jammed pinky finger
Competition & Consumer Protection 2018-05-29 2:33 pm By Christine Caulfield

Austrian Airlines has resolved a case brought by a brain surgeon who claimed his pinky finger was permanently damaged after it was caught in a fold-out tray table during a flight.

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Actavis, AstraZeneca resolve Crestor patent battle
Intellectual Property 2018-05-28 11:45 pm By Christine Caulfield

Generic drug giant Actavis Global has reached a settlement with AstraZeneca in a long-running patent dispute over blockbuster cholesterol medicine Crestor that wound its way to the High Court.

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TM reputation irrelevant in deceptively similar cases, court hears
Intellectual Property 2018-05-28 10:34 pm By Miklos Bolza

A trade mark’s reputation is beside the point in an infringement claim alleging deceptive similarity, the Full Federal Court heard Monday in an appeal of a case involving two of Australia’s biggest meat processing and distribution companies.

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Catch Group sues Kogan over ‘catch’ AdWords
Intellectual Property 2018-05-28 10:12 pm By Cat Fredenburgh

E-retailer Catch Group has sued competitor Kogan, saying the online retailer is violating its “catch” trademarks and the consumer law through sponsored links on Google driven by phrases using the word “catch”.

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Passenger sues Virgin Australia over bumpy landing
Competition & Consumer Protection 2018-05-28 9:18 pm By Cat Fredenburgh

A 64-year-old woman has sued Virgin Australia over injuries allegedly sustained as a result of a bumpy landing on a domestic flight.

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