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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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Manolo Blahnik wins discovery for potential knockoff suit against Sydney outlet
Intellectual Property 2020-11-04 4:09 pm By Spencer Fowler Steen

Luxury shoe designer Manolo Blahnik has won a preliminary discovery application seeking information from Sydney designer outlet, Estro, for a possible lawsuit over the “extremely concerning” sale of alleged knock-off shoes.

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Drakes Supermarkets hit with $20M underpayments class action
Class Actions 2020-10-28 4:22 pm By Cat Fredenburgh

Drakes Supermarkets is facing a class action alleging it failed to pay staff at its Foodland and Drakes stores for time worked in excess of rostered hours, the latest on a growing list of supermarket chains to be stung by an underpayments class action.

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