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Foxtel can’t revoke China Unicom trade mark after Allens misses deadline
Intellectual Property 2019-05-01 11:45 pm By Christine Caulfield

Pay TV giant Foxtel has lost an appeal of an IP Australia decision refusing to revoke a trade mark by telco China Unicom after a failure of the trade mark office’s online filing system meant its law firm, Allens, missed the deadline for opposing the mark.

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Bega wins $60M battle with Kraft over peanut butter trade dress rights
Intellectual Property 2019-05-01 3:21 pm By Cat Fredenburgh

Kraft Foods has come up short in its high-stakes legal battle against Bega over the right to use its distinctive peanut butter trade dress in Australia, allowing Bega to maintain its hold on the $60 million per year stake in the peanut butter market which it acquired by purchasing Kraft unit Mondelez’s Australian and New Zealand business in 2017.

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Fashion company fights IOC over Pierre de Coubertin trade mark
Intellectual Property 2019-04-30 11:56 pm By Cat Fredenburgh

A Netherlands-based fashion company is challenging a decision by IP Australia to refuse a trade mark for its brand of high-end menswear named after the father of the modern Olympic Games.

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Judgment looms in battle over iconic Kraft peanut butter trade dress
Intellectual Property 2019-04-30 10:51 pm By Cat Fredenburgh

Judgment is expected Wednesday in a high-stakes dispute between consumer giants Kraft and Bega over who owns the rights to the signature Kraft peanut butter trade dress in Australia.

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B. Braun drops appeal after IV catheter patents invalidated
Intellectual Property 2019-04-29 9:12 pm By Cat Fredenburgh

German medical device company B. Braun Melsungen has dropped its appeal of a ruling invalidating three of its intravenous catheter patents and finding rival Becton Dickinson did not infringe the patents.

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Appeals court tosses fight over laser safety system patent
Intellectual Property 2019-04-29 6:46 pm By Christine Caulfield

The Full Federal Court has dismissed appeals by both parties to a ruling that dismissed allegations of infringement of a patent for an industrial machine safety system that uses laser fields to detect hazards.

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Red Bull wins cancellation of Bullsone’s trade mark after auto parts company a no-show
Intellectual Property 2019-04-26 1:17 pm By Christine Caulfield

Energy drink giant Red Bull has won judgment against South Korea’s Bullsone in a battle over the auto parts company’s Australian trade mark for a leaping red and black bull. 

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Sanofi drops injector pen patent case against Alphapharm
Intellectual Property 2019-04-24 8:49 pm By Cat Fredenburgh

After losing its fight for a temporary injunction, Sanofi-Aventis has dropped its patent lawsuit against Alphapharm over the generic drug maker’s plans to market a competing insulin injector pen in Australia.

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Generic drug maker Juno can’t withdraw admission ahead of trial over Velcade patent
Intellectual Property 2019-04-24 1:32 pm By Christine Caulfield

A judge has refused an application by generic drug maker Juno Pharmacueticals to withdraw an admission in a battle with Millennium Pharmaceuticals over its cheap version of breakthrough cancer drug Velcade, denying Juno a potential defence to allegations of patent infringement.

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‘One more thing’: Apple can’t stop Swatch from trade marking fave Steve Jobs phrase
Intellectual Property 2019-04-17 9:48 pm By Cat Fredenburgh

Apple founder Steve Jobs’ penchant for using the phrase “One more thing” as a rhetorical flourish during his highly anticipated “Stevenote” talks — usually before unveiling a new Apple product — does not constitute a trade mark use, according to a decision quashing Apple’s opposition to watch maker’s Swatch’ application to trade mark the phrase in Australia.

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