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Surfstitch judge says court can’t drop opt-out notice to class
Class Actions 2018-11-16 11:23 pm By Cat Fredenburgh

A judge has rejected a bid by the applicants in two shareholder class actions against online fashion retailer Surfstitch to push forward with a proposed settlement of the cases without an opt-out notice to group members.

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Motorola to bring copyright claims against Hytera
Intellectual Property 2018-11-16 9:56 pm By Miklos Bolza

Motorola Solutions wants to amend its pleadings in an ongoing patent case against Shenzen-based Hytera Communications to add copyright claims relating to the source code for the radio devices at the centre of the dispute.

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McMillan Shakespeare unit denies car warranties ‘illusory’
Class Actions 2018-11-15 10:55 pm By Cat Fredenburgh

Defending a class action alleging its vehicle warranties were worthless, a unit of car leasing company McMillan Shakespeare said it has paid out claims to more 3,600 drivers, and was obligated to consider each claim “on its merits”.

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Starcom liquidator’s case against directors to move forward
Restructuring & Insolvency 2018-11-15 3:31 pm By Cat Fredenburgh

The former directors of Starcom have lost their bid to stay proceedings brought by the company’s liquidator alleging they knew the IT solutions provider was insolvent almost two years before it was wound up.

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ACCC wins record $18M fine against property spruiker We Buy Houses
Competition & Consumer Protection 2018-11-15 2:52 pm By Cat Fredenburgh

A court on Thursday hit property spruiker We Buy Houses and its sole director, Richard ‘Rick’ Otton, with a record $18 million in total fines for misleading property investors with claims they could learn to buy real estate for $1.

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Network 10 to ‘fiercely defend’ Boss trade mark case by Fairfax
Intellectual Property 2018-11-15 1:34 pm By Miklos Bolza

Network 10 told a court Thursday it would “fiercely defend” a trade mark case brought by Fairfax Media over 10’s recent rebrand and its newly approved trade mark, 10 Boss.

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Acai berry co. ends case alleging Aussie duo stole Amazon narrative
Competition & Consumer Protection 2018-11-14 10:58 pm By Christine Caulfield

California-based acai berry company Sambazon Inc. has resolved legal action that accused its former Australian distributors of co-opting the company’s Amazonian narrative to promote a competing business.

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Appeal filed in Fairlight synthesiser trade mark dispute
Entertainment 2018-11-14 10:25 pm By Miklos Bolza

Keyboard specialist PKT Technologies has returned for an encore in a six-year long trade mark dispute, appealing a $384,000 judgment against it for violating a trade mark licence agreement with engineer Peter Vogel, inventor of the groundbreaking synthesiser behind some of 80s pop music’s most iconic sounds.

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Blockbuster defeated again in fight with husband and wife franchisee
Franchises 2018-11-14 9:54 pm By Christine Caulfield

Blockbuster has lost another round in its case against a husband and wife franchisee that sold a store’s assets to a competitor, with a court ruling the company could not sock the pair with the costs of its failed appeal.

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Accountants for collapsed Centaur Litigation can’t amend defence
Restructuring & Insolvency 2018-11-14 4:12 pm By Christine Caulfield

The accountants for fraudster Scott Williams, the man behind the multi-million dollar Ponzi scheme Centaur Litigation, lost a bid to amend their defence to limit their liability in a $32 million case brought by liquidators of the failed funder.

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