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Court smooths over Botox trade mark dispute with Freezeframe injunction
Intellectual Property 2021-10-13 8:47 pm By Bianca Hrovat

Botox drug maker Allergan has secured an injunction against a Sydney-based cosmetics company which sought to ā€œleverageā€ the reputation of the well-known injectable to sell its Freezeframe line of anti-aging topical creams.

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Insurers largely prevail in second COVID-19 test cases
Insurance 2021-10-08 5:13 pm By Christine Caulfield

Insurers have largely succeeded in challenging COVID-19 business interruption losses claimed by a group of small businesses, in an important second test case that could save the industry billions of dollars.

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Insurers accused of misleading policyholders in COVID-19 insurance class actions
Insurance 2021-10-05 2:36 pm By Bianca Hrovat

Insurers are misleading policyholders about class actions which seek compensation for those denied business interruption coverage for COVID-related shutdowns, a court has heard.

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QBE says infectious disease exclusion applies to COVID-19 claims in Victoria
Insurance 2021-09-22 4:58 pm By Miklos Bolza

While a first test case in NSW rejected insurers’ interpretation of infectious disease exclusions in COVID-19 business interruption policies, potentially putting the industry on the hook for billions of dollars in claims, QBE says the law is on its side in Victoria.

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Lloyd’s denies ‘incomprehensible’ claims in COVID-19 business interruption class action
COVID-19 2021-09-10 3:21 pm By Miklos Bolza

Insurance giant Lloyd’s has rejected what it calls an “incomprehensible” class action pleading by Australian businesses that argue its business interruption policies should have indemnified them for losses stemming from COVID-19 lockdowns.

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Merck Sharp & Dohme appeals judgment tossing Januvia patent extension
Intellectual Property 2021-09-10 6:04 pm By Miklos Bolza

Merck Sharp & Dohme is seeking to overturn a judgment refusing an extension of a patent covering its Januvia and Janumet diabetes drugs that would have seen the US drug maker of retaining a monopoly over the multibillion dollar medicines beyond July 2022.

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Allergan wins appeal in Botox trade mark battle
Intellectual Property 2021-09-08 5:19 pm By Miklos Bolza

Botox maker Allergan has successfully challenged a Federal Court judgment dismissing its trade mark lawsuit against an Australian company selling topical creams as an alternative to Botox injections.

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Lockdown didn’t trigger business interruption policy in COVID-19 test case, IAG tells court
Insurance 2021-09-06 10:05 pm By Christine Caulfield

Lockdown orders by the Victorian government and an international travel ban in place last year during the first wave of COVID-19 did not trigger a business interruption clause in an IAG policy at the centre of a test case brought by insurers, a judge heard Monday.

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ACCC must pay costs of NSW as ‘necessary and proper party’ in ports case
Competition & Consumer Protection 2021-09-02 3:03 pm By Miklos Bolza

A judge has ordered the ACCC to pay the State of NSW’s costs in its failed proceeding against NSW Ports, finding that even though the consumer watchdog did not initially sue the state government that it was a “necessary and proper” party to the case.

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Christian Porter wins bid to block media from using secret parts of ABC defence
Defamation 2021-08-31 10:41 am By Cindy Cameronne

Liberal MP Christian Porter has won his bid to block Nine and News Corp from using secret portions of ABCā€™s defence to his defamation allegations that the media giants accessed as intervenors in the former Attorney-Generalā€™s case.

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