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High Court to hear ASIC appeal in outback book-up case
Appeals 2018-08-20 11:25 am By Christine Caulfield

The corporate watchdog has won special leave to appeal to the High Court a ruling that found a general store owner in outback South Australia who sold cars by “book up” had not acted unconscionably.

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Sanitarium, Rebel can’t sue UK insurer over promotion campaign
Contracts 2018-08-17 11:58 pm By Cat Fredenburgh

A court has dismissed proceedings filed by cereal giant Sanitarium and sports equipment retailer Rebel Sports against a UK-marketing company over a risk transfer agreement that promised to indemnify the companies for a recent joint promotion campaign. 

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Caesarstone wins trade mark fight for ‘honest concurrent use’
Intellectual Property 2018-08-17 11:52 pm By Miklos Bolza

Building products maker Caesarstone can register two trade marks despite their deceptive similarity to a mark by ceramic tile maker Ceramiche Caesar, a judge has ruled, after finding Caesarstone had shown honest concurrent use of the marks.

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Judge gives RE/MAX, Resimax a week to settle trade mark fight
Intellectual Property 2018-08-17 9:37 pm By Miklos Bolza

After signalling last month they were close to resolving their trade mark dispute, real estate companies RE/MAX and Resimax have been been given one last chance — and one more week — to settle.

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ACCC hopes laundry cartel case will wash with Full Court
Appeals 2018-08-16 11:44 pm By Cat Fredenburgh

The Full Federal Court will hear arguments next week in an appeal by the ACCC over an alleged laundry detergent cartel, the first so-called hub and spoke case brought by the competition regulator.

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Lux Sydney retailer can’t strike NSW’s defences in light rail construction suit
Real Estate 2018-08-16 6:03 pm By Miklos Bolza

Australian luxury watch retailer Watches of Switzerland has lost a bid to strike out Transport for NSW’s defences in a case seeking damages for the ongoing construction of the light rail project in Sydney’s CBD.

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Gold Coast council ducks suit over $48M Surfers Paradise building sale
Real Estate 2018-08-16 5:56 pm By Miklos Bolza

A judge has set aside an application to block the $48 million sale of a Surfers Paradise building and car park after finding the community organisation that launched the proceedings lacked standing.

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ACCC tried to ‘micro-manage’ Pacific with injunction, judge says
Competition & Consumer Protection 2018-08-15 11:29 pm By Cat Fredenburgh

The judge overseeing the competition lawsuit brought by the ACCC over Aurizon’s proposed sale of its Queensland intermodal business to Pacific National has denied the regulator’s bid for an injunction against Pacific, saying it amounted to micro-managing that could discourage “normal competitive behaviour”.

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Patent suits launched over breakthrough cancer drug
Intellectual Property 2018-08-15 10:25 pm By Miklos Bolza

Two patent infringement lawsuits have been launched over attempts to sell generic versions of breakthrough cancer drug Velcade in Australia, after a US court last year struck down attempts to invalidate a patent for the drug.

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Foxtel should pay more than a gym to stream copyrighted recordings, court told
Intellectual Property 2018-08-15 10:06 pm By Miklos Bolza

A Copyright Tribunal decision that led to substantially lower sound recording licence fees for Foxtel was “beyond the pale” because it compared fees charged to the cable TV giant with those charged to fitness centres, the Full Federal Court heard Wednesday.

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