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No livestream for trial in wage cases against Coles, Woolworths
Employment 2023-04-28 2:51 pm By Christine Caulfield

A Federal Court judge has pulled the plug on a bid by the Fair Work Ombudsman for an upcoming trial in wage cases against supermarket giants Coles and Woolworths to be livestreamed like other hearings of public interest in the court.

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Facebook ad shows use of ‘Motherland’ trade mark, High Court told
High Court 2023-04-24 10:55 pm By Cindy Cameronne

The High Court has been asked to weigh in on whether online ads targeting Australian consumers can be the basis for a trade mark registration, in a long-running intellectual property spat between the maker of Mother Energy drinks and Vittoria Coffee over their respective ‘mother’ marks.

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‘It’s game over’: Victoria tries again to stay hotel quarantine class action amid criminal case
Appeals 2023-04-20 3:51 pm By Sam Matthews

The state of Victoria is trying again to stay a class action over the 2020 hotel quarantine debacle in light of a pending criminal action against the Department of Health, telling an appeals court the fundamental principles of the criminal justice system must be protected.

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Both sides need ‘reality check’ in NAB ‘boys club culture’ case, judge says
Employment 2023-04-19 11:36 pm By Cindy Cameronne

The National Australia Bank and its former head of repo trading both “might need a bit of a reality check” in a discovery stoush, a judge has said in a case alleging the senior employee was bullied and paid less than other workers because of her gender.

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Vittoria can’t transfer IP spat over Moccona instant coffee jar
Intellectual Property 2023-04-17 4:11 pm By Christine Caulfield

Coffee brand Vittoria can’t transfer a case over the trade mark for rival Moccona’s instant coffee jar from one Federal Court registry to another, with a judge reminding the company that the court was “well into the 21st century” and could livestream hearings without the need for interstate travel.

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Moccona’s instant coffee jar trade mark should be cancelled, Vittoria says
Intellectual Property 2023-04-05 12:25 pm By Sam Matthews

Moccona’s instant coffee jar shape trade mark should be cancelled because the mark is functional and can’t distinguish the company’s goods, the owner of coffee brand Vittoria argues in a trade mark infringement cross-claim.

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Court needs novel approaches for class actions or ‘system will collapse’, judge says
Class Actions 2023-03-27 2:15 pm By Cindy Cameronne

A judge overseeing a competition class action against Queensland power companies Stanwell and CS Energy has warned that judges need to be inventive in how they manage large group proceedings, otherwise the “system will collapse”.

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Five years after class action filed, BHP denies knowledge of dam collapse risk
Class Actions 2023-03-27 11:14 pm By Cindy Cameronne

In a class action long delayed by a battle over foreign shareholders, BHP Group has finally filed a defence, denying it misled shareholders over a failed Brazilian dam and saying knowledge about the risk of collapse cannot be imputed to the Melbourne-headquartered energy giant.

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Drink rivals mull High Court appeals after losing ‘Mother’ of all trade mark disputes
Intellectual Property 2023-03-22 2:11 pm By Cindy Cameronne

The owners of Mother energy drinks and Vittoria Food & Beverage have both lost their challenges to each other’s ‘Motherland’ and ‘Mothersky’ trade marks and are considering taking the long-running stoush to the High Court. 

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Boston Scientific’s $105M settlement approved in pelvic mesh class action
Class Actions 2023-03-16 10:11 am By Cindy Cameronne

Boston Scientific’s $105 million settlement of a class action over its pelvic mesh devices has secured court approval, but the costs billed by the law firm running the case will face further scrutiny.

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