Justice David Yates

Sydney real estate group The Agency has lost an appeal in its trade mark case against a rival, with the Full Federal Court upholding a finding that the company would have an “unwarranted monopoly” if other businesses were barred from using the descriptive words in its name.

Awaiting judgment in Federal Court class actions by shareholders over its money laundering risk disclosures, the Commonwealth Bank will ask the court to reopen the case to consider the relevance of two recent decisions that found shareholders in other class actions had failed to prove loss.

Judges were not afraid to vent their spleen in 2023, but lawyers were not the only object of judicial scorn last year, as judges waded into public discourse and sounded off over issues including complex legislation, media reports, famous social media commentators, and the involvement of government departments in legal proceedings. 

Vittoria’s Cantarella Bros has lodged an appeal in a long-running trade mark stoush with Italian rival Lavazza after a judge found the coffee manufacturer’s two registered ‘Oro’ marks should be cancelled because the word was previously used by another coffee supplier. 

A government entity that subsidises fossil fuel projects is facing a novel lawsuit alleging it failed to disclose the full environmental and climate impacts of its activities. 

Consumer goods giant Procter & Gamble Australia made misleading statements that its Fairy ‘30 Minute Miracle’ dishwashing tablet was better at cleaning than Reckitt Benckiser’s Finish Platinum Plus, but both companies made false claims about their products, a judge has found.

US car giant Ford has partially succeeded in its challenge to a judgment that found it owed more than $6,800 to the lead applicant in a class action over defective PowerShift transmissions, but the High Court may ultimately decide how damages should be calculated under the Australian Consumer Law for reduction in value.

South Korean biosimilars company Samsung Bioepis has sued to invalidate two patents held by a German competitor for a pre-filled syringe to treat age-related eye diseases, as generic drug makers race for a piece of the lucrative eye drug market.

A judge has rejected Facebook owner Meta’s request to pause a case  by the Australian Competition and Consumer Commission over scam cryptocurrency ads until a private criminal action by mining magnate Andrew Forrest is decided.

Vittoria’s Cantarella Bros has lost its long-running trade mark stoush with Italian rival Lavazza after a judge found the coffee manufacturer’s two registered ‘Oro’ marks should be cancelled because the word was previously used by another coffee supplier.