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Mother drink maker wins stay of trade mark loss, but must swallow costs
Intellectual Property 2022-04-26 2:53 pm By Sam Matthews

The maker of Mother brand energy drinks has won a stay of a judge’s decision to remove one of its trade marks for non-use, but has been hit with indemnity costs in its ongoing intellectual property stoush with rival Cantarella Bros.

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Anatomy of a bunny: Kmart defends plush rabbit in Jellycat’s knockoff suit
Intellectual Property 2022-04-11 3:11 pm By Sam Matthews

Kmart Australia and toy manufacturer Headstart International have hit back at Jellycat in a suit claiming they are selling ‘Bashful Bunny’ knockoffs, arguing the shape and features of the popular plush rabbit are not exclusive to the London-based soft toy designer.

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Energy Beverages tries to revive ‘Mother’ trade marks
Appeals 2022-03-08 3:41 pm By Cat Fredenburgh

The maker of Mother brand energy drinks has filed an appeal challenging a judge’s decision to remove two of its registered ‘Mother’ trade marks for non-use.

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Bayer tries to revive patent term extension for contraceptive drug
Intellectual Property 2022-03-03 10:00 pm By Cat Fredenburgh

Bayer says the patents office was wrong to quash an extension for its patent covering an oral contraceptive on the grounds that its application should have been based on a drug with an earlier approval date.

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Judge trashes Energy Beverages’ ‘Mother’ trade marks
Intellectual Property 2022-02-22 5:56 pm By Sam Matthews

Energy Beverages, which makes Mother brand energy drinks, has failed to convince a judge that two of its ‘Mother’ trade marks should not be removed for non-use.

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IP Australia puts kibosh on extension for Bayer’s contraceptive patent
Intellectual Property 2022-02-08 10:56 pm By Cat Fredenburgh

IP Australia has quashed an extension for a patent covering a Bayer oral contraceptive, saying the extension should have been calculated based on a drug that was included on the Australian Register of Therapeutic Goods at an earlier date.

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Novartis unit Sandoz sues to revoke Bayer’s patents for blood thinner Xarelto
Intellectual Property 2021-11-23 3:30 pm By Christine Caulfield

Generic drug maker Sandoz AG has filed proceedings seeking the revocation of two patents registered in Australia by German pharmaceutical giant Bayer covering its top-selling blood clot drug Xarelto.

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Monster Energy takes PepsiCo to court over ‘Monster Munch’ trade mark
Intellectual Property 2021-09-07 11:48 am By Sam Matthews

Monster Energy has instituted court proceedings against PepsiCo after failing to block the beverage giant from registering the ‘Monster Munch’ trade mark for the iconic British kids corn snack in Australia.

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Energy Beverages files ‘Mother’ of an appeal against trade mark decision
Intellectual Property 2021-08-09 10:29 pm By Bianca Hrovat

A high-energy trade mark dispute has gone to the Federal Court after the maker of Mother energy drinks lost its bid before IP Australia to prevent a Victoria-based company from registering Kangaroo Mother as a trade mark for beverages.

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‘Why cannot our own creations also create?’: AI can be inventor on patent, court finds
Intellectual Property 2021-07-30 12:39 pm By Cat Fredenburgh

A judge has found artificial intelligence can be named as the inventor on a patent application, setting aside an IP Australia finding that allowing a machine to be considered an inventor would render the Patents Act incapable of “sensible operation”.

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