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‘Strained and fanciful’: Court tosses Telstra suit over Optus’ ‘more than ever before’ ads
Competition & Consumer Protection 2020-09-25 1:52 pm By Cat Fredenburgh

Telstra has suffered a defeat in its lawsuit accusing competitor Singtel Optus of violating consumer laws with ads claiming it is “covering more of Australia than ever before”, with a judge calling Telstra’s allegations that the ads implied a comparison with other telcos “strained and fanciful”.

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Battle over counterclaims against group members could change class action landscape
Class Actions 2020-09-21 2:05 pm By Miklos Bolza

An upcoming legal battle over whether counterclaims can be brought against non-party group members in a class action against a unit of recruiter Tandem could hamper bookbuilding efforts by making class actions less attractive to group members, an expert has told Lawyerly.

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Fight brewing over whether group members can face cross-claims in Tandem class action
Class Actions 2020-09-14 4:07 pm By Miklos Bolza

A subsidiary of workforce management company Tandem, which contracts with Telstra and Optus, has foreshadowed future cross-claims against group members who claim they were misclassified as contractors and denied employment benefits.

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Foxtel, Optus contractor criticises ‘opportunistic’ new sham contracting class action
Class Actions 2020-08-10 4:16 pm By Miklos Bolza

Communications and technical services company BSA Limited has slammed as “opportunistic” an employment class action by allegedly underpaid technicians, saying the media was informed of the proceedings before it was.

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Hytera can’t ‘repackage’ deputy director as lay witness to avoid evidence rules on relevance
Intellectual Property 2020-08-06 3:39 pm By Miklos Bolza

A judge has found that Hytera Communications cannot “repackage” evidence given by one of its deputy directors to avoid rules about opinion evidence while defending a copyright infringement case by Motorola Solutions.

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Not OK: Counselling app Lyf accuses smartphone maker Mintt of infringing trade mark for OK hand sign
Intellectual Property 2020-08-04 2:54 pm By Christine Caulfield

Counselling app Lyf is suing smartphone maker Mintt for allegedly infringing on a trade mark it owns for the universal OK hand gesture, saying Mintt’s logo is substantially identical to Lyf’s registered mark.

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ACCC loses appeal in TPG ‘prepayment’ case
Competition & Consumer Protection 2020-07-30 3:13 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has come up short in its challenge to a ruling that dismissed its case against TPG over contract terms that allowed the internet provider to keep customers’ unused prepaid funds on phone or internet plans.

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Telstra sues Optus over ‘more than ever before’ ad campaign
Competition & Consumer Protection 2020-07-28 5:08 pm By Miklos Bolza

Telstra has filed a lawsuit accusing Singtel Optus of breaching the Australia Consumer Law through ads that claim it is “covering more of Australia than ever before”.

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Hytera loses latest bid to vacate Motorola trial over worries about witnesses catching coronavirus
Intellectual Property 2020-07-14 7:55 pm By Miklos Bolza

Hytera Communications has lost its latest attempt to adjourn an upcoming virtual trial in a copyright case brought by rival Motorola, despite concerns by the Chinese radio manufacturer that witnesses could be exposed to the coronavirus if forced to travel to give evidence.

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Judge grapples with ‘most complicated’ adjournment bid in Hytera, Motorola dispute
Intellectual Property 2020-07-09 10:50 pm By Miklos Bolza

Hytera Communications argued it should be granted a late-stage bid to postpone its copyright trial with Motorola Solutions, in what a judge called “the most complicated adjournment application” he’d ever heard.

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