US television giant Bravo can’t trade mark the phrase “Just Desserts” in Australia for its Top Chef reality cooking show spinoff, a sweet victory for the Seven Network, which challenged the mark.
A late proposal by the Australian Law Reform Commission to introduce a ‘leave to proceed’ mechanism into class actions has been blasted by a major litigation funder and a plaintiffs-side law firm as a de facto class certification procedure that would ramp up costs and add years of delay to cases.
The court’s authority to shut down competing class actions is no longer in doubt after Tuesday’s Full Federal Court judgment in the case against GetSwift, and while there is no “silver bullet” when it comes to how judges must deal with multiple proceedings, there are key factors to weigh, the appeals court said. Here, experts provide the big takeaways from the landmark ruling.
Maurice Blackburn and Phi Finney McDonald have sidestepped a competing class action battle in the high-stakes litigation against Commonwealth Bank of Australia over alleged breaches of money laundering laws, with the firms proposing to jointly lead a consolidated class action against the bank.
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.
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”.
A court has delivered a loss for Germany-based B. Braun Melsungen, dismissing its allegations that US-based device manufacturer Becton Dickinson infringed three of its intravenous catheter patents and ruling the patents invalid.
A judge has adjourned an application by law firm Slater & Gordon for a common fund order in a class action against the Commonwealth Bank and its wealth management unit, amid two landmark challenges to the courts’ powers to make such orders.
Murray Goulburn and its former CEO have reached a settlement with the Australian Competition and Consumer Commission over claims the dairy producer misled farmers in three states about farmgate milk prices.
Drug maker Neurim Pharmaceuticals is battling to amend its Australian patent for the blockbuster sleeping pill Circadin over opposition from two generic pharmaceutical companies, which have accused Neurim of attempting to gain an unfair advantage by delaying the amendment bid until now.