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Full Court puts Bed Bath N’ Table’s misleading conduct claims to sleep
Intellectual Property 2024-10-31 11:24 pm By Cindy Cameronne

In a loss for Bed Bath N’ Table, the Full Court has overturned a finding that homewares retailer House engaged in misleading and deceptive conduct by setting up its ‘Bed & Bath’ stores.

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Coles dodges iFit challenge to Perform powerbar brand
Intellectual Property 2024-10-24 11:19 pm By Sam Matthews

Coles has defeated a trade mark challenge to its Perform brand of sports nutrition products by a sports equipment company.

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Advanta Seeds can’t force licensee Nuseed to fix seed labels
Intellectual Property 2024-09-23 11:40 pm By Andy Sidler

The developer of a Canola seed hybrid tolerant to herbicide has lost a bid for seed grower Nuseed to relabel its products, which are already stocked in 361 retail locations.

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Visa’s payment token invention not patentable, delegate finds
Intellectual Property 2024-08-20 11:54 pm By Andy Sidler

The patent office has rejected Visa’s application to patent a token system for securing customer data, finding the process did not address a technical problem or provide a technical solution.

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Law firm loses challenge to Glaxo’s term extension for COPD patent
Intellectual Property 2024-05-29 10:05 pm By Cindy Cameronne

Drug giant Glaxo has succeeded in extending the term for a patent for a drug that treats chronic obstructive pulmonary disease and asthma, with a delegate rejecting arguments from law firm Banki Haddock Fiora that the application was incorrectly based on a patent that was no longer valid because of amendments.

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Bed Bath N’ Table scores partial win in IP suit against rival
Intellectual Property 2024-01-16 4:59 pm By Cindy Cameronne

A judge has handed a partial win to homewares brand Bed Bath N’ Table, finding rival House misled consumers by opening a sub-brand called House Bed & Bath but rejecting the retailer’s trade mark infringement claims.

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Coca-Cola trade mark for lemon cartoon revoked for non-use
Intellectual Property 2023-03-17 10:00 pm By Cat Fredenburgh

An IP Australia delegate has partially revoked a Coca-Cola trade mark for a cartoon lemon acquired from Monster Energy in 2015, finding scant evidence that Hubert’s Lemonade, which features the winking lemon, has been sold in Australia.

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Advanta Seeds wins more time to renew patent after law firm slip-up
Intellectual Property 2023-02-20 3:51 pm By Sam Matthews

Agricultural giant Nufarm has lost its appeal of a decision giving rival Advanta Seeds extra time to pay a renewal fee for its patent for a hybrid plant cell, after an error by its lawyers caused the renewal to fall through the cracks.

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Nufarm takes Advanta Seeds to court after patent lapse held to be lawyers’ error
Intellectual Property 2022-06-08 4:59 pm By Sam Matthews

Agricultural chemical company Nufarm has appealed a decision giving rival Advanta Seeds extra time to pay a renewal fee for its patent for a hybrid plant cell after correspondence from its lawyers was sent to employees that had left the company and the patent renewal fell through the cracks.

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Seeing red: Priceline can’t trade mark signature pink
Intellectual Property 2022-05-06 11:03 pm By Cat Fredenburgh

Discount pharmacy Priceline cannot trade mark the signature bright pink that adorns it shopfront signs and awnings, an IP Australia delegate has found.

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