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‘So much argued over so little’: Judge rejects law firm’s bid for indemnity costs in Fearless Girl case
Intellectual Property 2021-05-31 11:13 pm By Cat Fredenburgh

Maurice Blackburn has lost its bid for indemnity costs after defeating a consumer and intellectual property lawsuit brought against it by US financial services giant State Street Global Advisors for displaying a replica of the famous Fearless Girl statue.

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Freedom Foods loses second bid to have $20M Blue Diamond feud heard in Australia
Arbitration 2021-05-28 11:02 pm By Christine Caulfield

Freedom Foods’ dispute with Blue Diamond Growers over an almond licensing deal will be heard by an arbitrator in California after an appeals court rejected the company’s plea for an Australian judge to determine the case.

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Full Court won’t undo injunction barring ‘RestQ’ trade mark use
Intellectual Property 2021-05-28 10:19 pm By Cindy Cameronne

An appeals court has upheld a ruling which bars use of the RestQ trade mark on sleep products sold by Martin & Pleasance because of a “disturbing” number of similarities with the marketing and appearance of an established competitor’s Rescue natural sleep aid product.

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Fonterra can’t keep company name out of class action website domain
Class Actions 2021-05-28 3:58 pm By Cat Fredenburgh

Dairy co-operative Fonterra has lost a bid to keep the company’s name out of the domain of a website to be set up for a class action brought by farmers alleging they were unlawfully underpaid when Fonterra slashed milk prices and sought a “clawback” in 2016.

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Mosaic Brands hit with $630,000 penalty for misleading claims about hand sanitiser, masks
Competition & Consumer Protection 2021-05-27 12:44 pm By Cat Fredenburgh

Mosaic Brands has paid $630,000 in penalties after being hit with infringement notices by the ACCC for misleading claims made about hand sanitiser and masks sold on its websites at the height of COVID-19 pandemic last year.

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Judge blasts ‘improper’ conduct by lawyers in $553,000 ruling against US rapper The Game
Entertainment 2021-05-25 9:44 pm By Miklos Bolza

A judge has slammed the “highly improper” conduct of lawyers in a judgment ordering US rapper The Game and his manager to pay over $553,000 to an Australian music promotion company over a cancelled tour in 2017.

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Consumer class actions on the rise, as group proceedings hit financial year record
Class Actions 2021-05-25 8:55 pm By Christine Caulfield

At least 60 class actions were filed in Australian courts from July 1 last year to April 30, marking a record for new group cases in a financial year with two months to go, according to a preliminary report by King & Wood Mallesons’ disputes resolution team.

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Mitsubishi faces class action after judge finds Triton fuel economy label misleading
Competition & Consumer Protection 2021-05-25 5:52 pm By Christine Caulfield

A law firm is set to file a class action against Mitsubishi Motors after a judge upheld a ruling that found the car maker engaged in misleading or deceptive conduct in its representations of fuel efficiency on a label fixed to the windshield of a Triton 4WD sold in 2017.

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Bordeaux estate behind $500 wine sues Tassie producer over ‘knockoffs’
Intellectual Property 2021-05-20 6:20 pm By Miklos Bolza

A nearly 100-year-old Bordeaux estate that makes the Vieux Château Certan wine, which retails for at least $500, has taken a Tasmanian winemaker to court for allegedly trying to hijack its name and making knockoff wines that copy its distinctive pink lid and neck of its bottles.

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Jump swim school hit with $23M penalty for ‘very serious’ consumer law breaches
Franchises 2021-05-20 4:47 pm By Miklos Bolza

The failed franchisor behind the Jump Swim Schools brand has been hit with a $23 million penalty for what a Federal Court judge found were “very serious” consumer law contraventions.

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