Bendigo and Adelaide Bank has lost its appeal of a ruling that revoked its 22-year-old ‘community bank’ trade mark, with the Full Federal Court agreeing that the phrase has an ordinary signification and cannot be trade marked for the bank’s services.
Ticket reseller Viagogo is seeking a stay of a $7 million penalty in litigation brought by the ACCC in light of the “catastrophic effect” of the COVID-19 pandemic, as the company appeals a court’s finding that it misled customers on an “industrial scale”.
The maker of Vagisil feminine hygiene products has successfully overturned a ruling that denied its bid to stop a European competitor from registering Vagisan as a trade mark in Australia.
Australasian food company Goodman Fielder has successfully challenged a bid by Conga Foods and an Italian pasta producer to register the ‘La Famiglia’ trade mark for pasta products.
The Federal Court has delayed a 15-day hearing in a pneumococcal vaccine patent dispute between Merck Sharp & Dohme and Pfizer after the sudden death of a family member of one of Pfizer’s expert witnesses.
Drug giant Merck Sharp & Dohme has brought a cross appeal in its long-running intellectual property dispute with Pfizer’s Wyeth over the top selling Prevnar 13 pneumococcal vaccine.
Pfizer unit Wyeth is seeking to overturn part of a judge’s decision in its high-stakes patent dispute with Merck Sharp & Dohme that found claims in two of its patents relating to the blockbuster Prevnar 13 pneumococcal vaccine were invalid.
The Full Federal Court has upheld an appeal by In-N-Out Burgers against Sydney-based Hashtag Burgers, finding that its two sole directors were also liable for trademark infringement and passing off in owning and operating their ‘DOWN-N-OUT’ burger restaurants.
A judge hearing Pfizer’s application for preliminary discovery against Sandoz over its possible launch of an Enbrel biosimilar has found that such an application must be based on a current belief that the applicant could be entitled to relief.
A judge has enjoined Merck Sharpe and Dohme from launching its 15-valent pneumococcal conjugate vaccine after finding it would infringe claims of a Wyeth patent for its Prevnar 13 vaccine, despite MSD’s argument that barring it from launching the vaccine would be contrary to the public interest.