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Scotch Whisky is generic, can’t be trademarked, court told
Intellectual Property 2018-09-17 4:00 pm By Christine Caulfield

Facing a trade mark infringement lawsuit for selling products under the name Scotch Whisky, Australian liquor retailer D’Aquino Bros has filed a claim of its own, arguing the words are a generic description used in Australia to mean any whisky from Scotland.

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ACCC warns telco execs will feel the heat for approving false ads
Telecommunications 2018-09-17 3:25 pm By Cat Fredenburgh

The ACCC has fired a warning shot over false advertising by telecommunications companies, saying it may bring cases against telco executives that knowingly sign off on misleading ads.

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Source code copyright fight settles before damages trial
Intellectual Property 2018-09-17 3:12 pm By Christine Caulfield

On the eve of a hearing into damages, rival pavement engineering companies have resolved a copyright dispute that continued important law on what constitutes infringement of computer software source code.

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ACCC says court should toss Nature’s Care case
Competition & Consumer Protection 2018-09-14 11:59 pm By Miklos Bolza

The consumer regulator asked a court Friday to dismiss a lawsuit brought against it by Chinese vitamin giant Nature’s Care Manufacture over Australian-made product labels, saying it had been wrongly “dragged into a controversy”.

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Hastie liquidators battle major builders over millions in unpaid bills
Restructuring & Insolvency 2018-09-14 11:30 pm By Christine Caulfield

Liquidators for failed engineering services company Hastie Group have a fight on their hands over tens of millions of dollars in unpaid invoices from construction companies, with major builders claiming not only that they don’t have to pay, but that the bills aren’t payable.

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Judge still not ready to sign off on Westpac’s $35M deal with ASIC
Financial Services 2018-09-14 11:25 pm By Miklos Bolza

A judge will appoint an independent barrister to examine Westpac’s recent $35 million settlement with the corporate regulator, saying it wasn’t clear if the bank had breached responsible lending laws as alleged.

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ABC, Fairfax to fight dismissal of truth defence in Chau Chak Wing defamation suit
Defamation 2018-09-14 11:21 pm By Christine Caulfield

The ABC and Fairfax Media are appealing a ruling tossing their truth defence in a case brought by Chinese billionaire and philanthropist Dr Chau Chak Wing.

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Shareholders to contest Bellamy’s cost-capping bid in class actions
Class Actions 2018-09-14 2:09 pm By Christine Caulfield

A sought-after court order by organic baby food maker Bellamy’s to limit legal costs in two class actions won’t come without a fight, a barrister for the shareholders said Friday.

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QRxPharma defendants can access class members’ broker details
Class Actions 2018-09-13 11:49 pm By Miklos Bolza

The defendants in a shareholder class action over QRxPharma’s alleged failure to disclose problems with regulatory approval for its painkiller Moxduo have won access to information on class members’ financial brokers.

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Aristocrat patent appeal hinges on Rokt, Encompass outcomes
Intellectual Property 2018-09-13 10:42 pm By Miklos Bolza

A Federal Court judge has put an appeal by Aristocrat of an IP Australia ruling that revoked four of its gaming patents on hold pending the outcomes of two highly anticipated cases over the patentability of computer software.

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