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Court to hear a2 Milk trade mark appeals together
Intellectual Property 2019-08-20 1:34 pm By Cat Fredenburgh

The Federal Court will hear two high-stakes trade mark appeals by the a2 Milk Company together, after IP Australia delegates found two marks containing “a2”, which is a protein found in cow’s milk, were not inherently adapted to distinguish its products.

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A2 files another court challenge after ‘a2 milk’ trade mark rejected
Intellectual Property 2019-08-15 3:41 pm By Cat Fredenburgh

The a2 Milk Company has launched a second court challenge in as many months to a ruling from IP Australia, after rival Lion Dairy successfully opposed its bid to trade mark the phrase a2 milk.

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Funder wants 25% of recovery in class action over ‘illusory’ vehicle warranties
Class Actions 2019-08-14 9:23 pm By Christine Caulfield

The funder behind a class action against a unit of car leasing company McMillan Shakespeare for allegedly engaging in unfair tactics when selling car warranties is seeking a 25 per cent cut of any settlement reached in the case.

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Ex-Reinventure partner must have independent valuer assess her claim to cut of $100M
Financial Services 2019-08-07 3:09 pm By Miklos Bolza

The former partner of Westpac-backed venture capital firm Reinventure Group has been ordered to appoint an independent valuer to clarify the claimed loss against her former employer before the parties enter mediation.

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Unilever drops appeal over Nivea deodorant claims
Competition & Consumer Protection 2019-08-05 9:53 pm By Cat Fredenburgh

Consumer giant Unilever has dropped its challenge to a ruling that found competitor Beiersdorf did not make misleading claims about its Nivea clinical strength deodorant products.

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Potato wholesaler Mitolo to pay $240,000 penalty in ACCC’s unfair contract case
Competition & Consumer Protection 2019-08-02 12:09 pm By Christine Caulfield

Australia’s largest potato wholesaler Mitolo Group will pay a penalty of $240,000 to resolve the consumer regulator’s case alleging its contracts with growers were unfair.

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ASIC ā€˜plucking numbers out of the airā€™ in penalty hearing for Vocation execs, court told
Securities 2019-07-31 8:15 pm By Amelia Birnie

Lawyers for former Vocation CEO Mark Hutchinson say the corporate regulator is ā€œplucking numbers out of the airā€ in its bid to secure disqualifications of up to eight years against the former executives who breached their directorsā€™ duties in relation to the collapsed education provider.

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Delegate says A2 milk common meaning bars ‘true A2’ trade mark
Intellectual Property 2019-07-16 3:19 pm By Cat Fredenburgh

The phrase true A2 is not inherently adapted to distinguish the A2 Milk Company’s products because A2 milk is commonly understood to signify less allergenic dairy products that do not contain the A1 protein, according to a now-published ruling that’s already been appealed by the dairy company.

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Drunks and prostitutes: Down N’ Out trade mark evokes Sin City, not In-N-Out, court told
Intellectual Property 2019-07-03 8:48 pm By Miklos Bolza

Sydney’s Down N’ Out Burgers has rejected claims that it appropriated the trade mark of US burger chain In-N-Out, telling a court at the close of trial that the founders were inspired by the success of the American company but wanted to evoke the idea of Sin City, not speedy service.

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AMS doubles down on defence in vaginal mesh class action
Class Actions 2019-07-01 11:33 pm By Cat Fredenburgh

Medical device manufacturer American Medical Systems has reasserted that it cannot face claims under Australian consumer laws over its allegedly defective vaginal mesh products because it only supplied the products to a US subsidiary.

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