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Puma loses appeal bid in trade mark fight with Caterpillar
Intellectual Property 2022-09-09 10:30 pm By Sam Matthews

Puma has failed in its bid for leave to appeal a decision that found its ‘Procat’ trade mark was deceptively similar to US machinery manufacturer Caterpillar’s CAT marks.

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Lawyers’ failure kept me from claiming privilege, says Mayfair’s Mawhinney
Financial Services 2022-08-22 11:26 pm By Sam Matthews

The founder of beleaguered investment group Mayfair 101, James Mawhinney, has argued that multiple law firms failed to advise him of the privilege against self-exposure to penalty in proceedings brought by the corporate regulator, which saw him banned from soliciting funds or promoting any financial product for 20 years.

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Penalty in ACCC case against Uber off by more than $20M, judge says
Competition & Consumer Protection 2022-07-25 11:07 pm By Sam Matthews

A judge has slammed a $26 million penalty agreed to by Uber and the ACCC as “not within the range”, saying the impact of the rideshare giant’s misleading conduct appeared to be “trivial”.

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ASIC triumphs in appeal against payday lenders Cigno, BHF
Appeals 2022-06-28 11:36 am By Sam Matthews

ASIC has won an appeal of a judge’s decision that found Gold Coast-based payday lenders Cigno and BHF did not need a licence to issue loans to hundreds of thousands of consumers.

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Dover Financial, ex-director mull lawsuit against ASIC
Financial Services 2022-05-26 9:33 pm By Cindy Cameronne

Defunct financial advisory firm Dover Financial and its former director have taken ASIC to court seeking discovery as they mull a potential lawsuit against the corporate regulator.

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Mars keeps MM mark away from chocolate in trade mark settlement
Intellectual Property 2022-03-14 11:08 am By Miklos Bolza

A judge has signed off on a settlement in a trade mark spat between M&M candy maker Mars and the world’s largest macadamia grower, Macquis Macadamias, under which Marquis will no longer seek to register its MM mark for chocolate bars.

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Careers Australia liquidator can pursue overseas directors on evidence of insolvent trading
Restructuring & Insolvency 2022-03-04 5:29 pm By Sam Matthews

The liquidator of collapsed vocational education provider Careers Australia can serve its lawsuit on two of the company’s former directors now living overseas, after a judge found a prima facie case of insolvent trading and breaches of directors duties had been made out.

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Under ACCC scrutiny, IVF provider Virtus drops $45M Adora acquisition
Corporate 2021-12-17 3:52 pm By Christine Caulfield

IVF company Virtus Health has withdrawn its offer to acquire rival Adora Fertility from Healius, citing the competition regulator’s opposition to the takeover.

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Full Court parks opposition to patent for detecting parking overstays
Appeals 2021-12-09 12:01 pm By Miklos Bolza

Tech company Vehicle Management Systems has come up short in its third attempt to block competitor SARB Management Group’s patent application for a magnetic parking overstay detector, with the Full Court rejecting claims that VMS’ managing director should have been listed as the device’s inventor.

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Judge approves $750,000 penalty against La Trobe Financial despite ‘considerable hesitation’
Financial Services 2021-11-29 11:57 am By Cat Fredenburgh

La Trobe Financial Asset Management will pay just $750,000 for misleading investors in its 48 hour and 90 day notice accounts over a period of more than three years, with a judge saying the company would have faced a penalty “well in excess” of this amount if not for reassuring correspondence from ASIC during its investigation.

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