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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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A2 Milk takes Lion Dairy to court over ‘True A2’ trade mark
Intellectual Property 2019-06-27 2:07 pm By Cat Fredenburgh

The A2 Milk Company is appealing a ruling that granted rival Lion Dairy’s opposition to its application to trade mark the phrase ‘True A2″ for its milk products, as it combats efforts by other milk companies to block it from using marks that allegedly imply its products have unique characteristics.

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In win for class, judge says promises in McMillan Shakespeare unit’s warranties were illusory
Class Actions 2019-06-11 11:13 pm By Cat Fredenburgh

Promises to pay out claims under vehicle warranties issued by a unit of car leasing giant McMillan Shakespeare were illusory because of a clause that gave the company “manifestly sweeping” discretion to reject any claim, a judge has ruled, in a victory for a class action over the allegedly worthless financial products.

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ASIC wins case against Vocation, former execs after 15-month wait for judgment
Securities 2019-05-31 6:21 pm By Miklos Bolza

In a win for the corporate watchdog, a court has found collapsed education provider Vocation engaged in misleading and deceptive conduct and breached its continuous disclosure obligations by failing to inform shareholders of problems with a large government contract.

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Judge hits funder-backed Appco class action with costs despite ‘no costs’ rule
Class Actions 2019-05-31 5:07 pm By Amelia Birnie

A judge has hit the applicant in a sham contraction class action against Appco with costs for forcing the company to file a defence to a superseded pleading, saying the usual “no costs” rule in Fair Work cases had less force in actions backed by third party litigation funders.

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