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Lorna Jane faces ACCC action over anti-virus activewear claims
Competition & Consumer Protection 2020-12-21 3:58 pm By Spencer Fowler Steen

The ACCC has taken legal action against women’s activewear company Lorna Jane for allegedly representing to consumers during the height of the coronavirus pandemic in Australia that its anti-virus activewear would protect them from viruses, including COVID-19.

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Amazon discriminated against pregnant job applicant, lawsuit claims
Employment 2020-12-18 3:11 pm By Spencer Fowler Steen

A job applicant has taken e-commerce giant Amazon to court for allegedly violating the Fair Work Act by refusing to give her a job because was pregnant.

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Designer drops ‘ill-advised’ lawsuit over bikini style trade mark
Intellectual Property 2020-12-10 9:57 pm By Cat Fredenburgh

Women’s fashion designer Pinnacle Runway has cut its losses and dropped its challenge to a ruling that found a rival’s use of the name ‘Delphine’ to describe a bikini style did not constitute trade mark infringement, after a judge hit the company with indemnity costs for pursuing the ‘ill-advised’ lawsuit.

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Gap wins opposition to ‘clothing the gap’ trade mark by Aboriginal rights group
Intellectual Property 2020-12-09 4:56 pm By Spencer Fowler Steen

International retail giant Gap has successfully opposed the registration of ‘clothing the gap’ as trade mark by an Aboriginal-owned social enterprise company which campaigns to improve the lives of Aboriginal people.

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High Court asked to deal death blow to common fund orders
High Court 2020-12-07 4:57 pm By Cat Fredenburgh

Convenience store chain 7-Eleven has asked the High Court to find courts do not have the power to make common fund orders at settlement or judgment in a class action, one year after the High Court ruled common fund orders could not be made in the early part of a representative proceeding.

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Kogan hit with $350,000 penalty for misleading TAXTIME promotion
Competition & Consumer Protection 2020-12-07 1:07 pm By Cat Fredenburgh

Online retailer Kogan has been hit with a $350,000 penalty for misleading customers during its 2018 TAXTIME promotion by offering discounts on products whose prices had been inflated, far short of the $2 million penalty sought by the Australian Competition and Consumer Commission.

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Romeo’s hit with fresh class action for underpaying managers at NSW stores
Employment 2020-11-26 6:39 pm By Spencer Fowler Steen

Supermarket chain Romeo’s has been hit with a second class action for allegedly underpaying managers across several stores in NSW.

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ACCC says Kogan should pay $2M for misleading promotion
Competition & Consumer Protection 2020-11-24 9:54 pm By Spencer Fowler Steen

The Australian Competition and Consumer Commission is seeking $2 million in penalties against Kogan, after a judge found statements the online retailer made during a 2018 promotion were misleading and drew consumers into the company’s “marketing web”.

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Lush pays back $4.4M to underpaid employees
Employment 2020-11-17 11:53 am By Spencer Fowler Steen

The Australian arm of multinational cosmetics company Lush has back-paid over 3,000 employees more than $4 million and entered into a “stringent” enforceable undertaking with the Fair Work Ombudsman.

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Trendy Aussie handbag not a work of artistic craftsmanship, court rules
Intellectual Property 2020-11-10 12:53 pm By Christine Caulfield

The Australian maker of a trendy neoprene handbag sold at high-end retailers has lost a copyright lawsuit over alleged knockoffs, with a judge finding the tote was at most an “evolution in styling” and not a work of artistic craftsmanship with copyright protection.

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