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Trade mark reputation not a factor in deceptively similar cases: Full Court
Intellectual Property 2018-12-04 8:43 pm By Miklos Bolza

A judge applied the “wrong test” when he considered the reputation of a trade mark in an infringement case alleging the marks of rival meat processors were deceptively similar, a Full Federal Court has found.

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CBA open to consolidation of dual class actions
Class Actions 2018-12-04 12:11 pm By Miklos Bolza

The Commonwealth Bank of Australia is open to a proposal to consolidate two shareholder class actions filed over alleged breaches of anti-money laundering and counter-terrorism laws, but will address any “devil in the details”, a lawyer for the bank told a court Tuesday.

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Law firms avoid courtroom showdown with novel CBA class actions deal
Class Actions 2018-11-21 11:36 pm By Cat Fredenburgh

Maurice Blackburn and Phi Finney McDonald have sidestepped a competing class action battle in the high-stakes litigation against Commonwealth Bank of Australia over alleged breaches of money laundering laws, with the firms proposing to jointly lead a consolidated class action against the bank.

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Breakaway law firm loses copyright spat over Kaden Boriss name
Intellectual Property 2018-11-21 9:44 pm By Miklos Bolza

Two founders of the Kaden Boriss international network of law firms have had a copyright case over the company’s name and logo thrown out, after a heated spat between partners led to the break-off of the group’s Sydney office.

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Monster Energy drops challenge to Fernbrew ‘beast’ trade mark
Intellectual Property 2018-11-20 2:39 pm By Cat Fredenburgh

Energy drink giant Monster Energy has dropped its challenge to a ruling allowing alcoholic spirits wholesaler Fernbrew to trade mark the term ‘Real Beast’ for alcoholic beverages.

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Network 10 to ‘fiercely defend’ Boss trade mark case by Fairfax
Intellectual Property 2018-11-15 1:34 pm By Miklos Bolza

Network 10 told a court Thursday it would “fiercely defend” a trade mark case brought by Fairfax Media over 10’s recent rebrand and its newly approved trade mark, 10 Boss.

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‘Ingenuity’ needed for software-aided biz method patent, IP Australia says
Intellectual Property 2018-11-09 9:18 pm By Miklos Bolza

A software-implemented business method could be patentable if programmed into a computer with “some ingenuity”, IP Australia told the Full Federal Court as a landmark appeal between rival tech companies Encompass and Infotrack wrapped up Friday.

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Full Court urged to take ‘nuanced’ view of software patentability
Intellectual Property 2018-11-08 8:40 pm By Miklos Bolza

Fintech company Encompass has asked the Full Federal Court to take a more “nuanced” approach to software patentability than the one currently held by IP Australia, on the first day of a high-stakes appeal over the patentability of computer-related inventions.

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Otsuka defence threatened in Abilify patent case
Intellectual Property 2018-11-05 9:03 pm By Miklos Bolza

The Commonwealth of Australia is weighing a bid to strike out Otsuka Pharmaceutical’s defence as the government seeks lost subsidies after an almost seven-year long patent dispute over the antipsychotic drug, Abilify.

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Generic Health wins ‘modest’ cut to Bayer’s $25M damages over Yasmin
Intellectual Property 2018-10-31 11:59 pm By Christine Caulfield

Generic Health has shaved two percent off the $25 million damages awarded pharmaceutical giant Bayer in a patent infringement case over Bayer’s blockbuster oral contraceptive, Yasmin, but the discount is a far cry from the 15 percent it sought on appeal.

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