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Caterpillar pounces on Puma’s ‘procat’ trade mark
Intellectual Property 2019-07-23 9:57 pm By Cat Fredenburgh

A catfight has broken out between construction equipment and workwear maker Caterpillar and sneaker giant Puma, with Caterpillar arguing Puma’s ‘procat’ trade mark is deceptively similar to its ‘cat’ marks.

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More than a ‘scintilla of inventiveness’: Motorola defends source code as Hytera trial kicks off
Intellectual Property 2019-07-22 8:01 pm By Amelia Birnie

Patents at the centre of a high stakes IP dispute between tech giants Motorola and Hytera have significantly more than the necessary “scintilla of inventiveness” to be deemed valid, Motorola said on the first day of a month-long trial.

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Judge ‘troubled’ by bid to extend class closure order in UGL shareholder action
Class Actions 2019-07-15 10:26 pm By Christine Caulfield

A judge overseeing a class action against engineering company UGL has agreed to extend a class closure order to give the parties a second chance to resolve the case in mediation, but not without expressing concerns that the order did not have the intended effect of encouraging settlement at the first sit-down.

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Adani defeats appeal in native title challenge to Queensland coal mine
Energy & Natural Resources 2019-07-12 10:30 pm By Christine Caulfield

A group of Indigenous Australians opposed to Adani’s Carmichael coal mine in Queensland has lost an appeal of a ruling dismissing a native title case against the $16 billion development.

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Celeb-backed rival sports news sites settle IP dispute
Intellectual Property 2019-07-11 10:42 pm By Cat Fredenburgh

A US sports news website founded by former Yankees shortstop Derek Jeter featuring content by athletes has agreed to settle an IP lawsuit brought against a rival Australian site for allegedly copying its look.

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Law firms can push on with separate class actions against CBA under cooperation deal
Class Actions 2019-07-10 8:33 pm By Amelia Birnie

Rival law firms Maurice Blackburn and Phi Finney McDonald will be allowed to work together without consolidating their separate shareholder class actions against the Commonwealth Bank of Australia, after a judge ruled that the bank had overstated the potential for extra costs and delays.

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Prosecutors to fight witness cross-examination at ANZ cartel committal hearing
Competition & Consumer Protection 2019-07-09 11:53 am By Miklos Bolza

Prosecutors will oppose a bid by ANZ, Citigroup, and Deutsche Bank to cross-examine witnesses at the upcoming committal hearing of the criminal cartel case over ANZ’s botched $2.5 billion institutional share placement.

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Sims Metal class action funder to get no more than 25%, shareholders guaranteed at least half
Class Actions 2019-07-05 11:31 pm By Cat Fredenburgh

Noting the “significant and beneficial reduction” in recent funding rates, the judge overseeing a shareholder class action against recycling company Sims Metal Management has signed off on an order capping the commission of the funders at 25 per cent of any net proceeds and setting a minimum 50 per cent of any recovery for group members.

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Referee to weigh in on costs in $42M Murray Goulburn class action settlement
Class Actions 2019-07-05 9:35 pm By Cat Fredenburgh

A Federal Court judge has appointed a costs referee in a shareholder class action against two units of dairy co-op Murray Goulburn over a 2016 profit forecast revision which recently settled for $42 million.

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ACCC must hand over docs on Vodafone-TPG merger investigation
Competition & Consumer Protection 2019-07-04 4:50 pm By Miklos Bolza

The Federal Court has ordered the Australian Competition and Consumer Commission to hand over documents to Vodafone that were “directly relevant” to its decision to oppose the $15 billion Vodafone-TPG merger. In an order given Wednesday, Federal Court Justice John Middleton directed the ACCC to conduct a reasonable search and provide any relevant documents from…

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