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Inventor’s patent case against Monster Energy gets one last chance
Intellectual Property 2024-03-13 11:35 pm By Christine Caulfield

A judge has issued a self-executing order for the dismissal of a patent infringement lawsuit against Monster Energy if the inventor who brought the case fails to pay $350,000 in security for the beverage giant’s costs within two weeks.

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NAB settles trade mark spat with You Need A Budget app
Intellectual Property 2024-03-12 9:21 pm By Cat Fredenburgh

National Australia Bank has resolved trade mark proceedings brought against US budgeting app You Need A Budget, alleging the YNAB app, which helps users manage their finances, steps on its well-known trade mark and will confuse Australians.

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Microsoft wins new trial after judge’s 3-year delay in delivering judgment
Intellectual Property 2024-03-05 10:12 pm By Sam Matthews

An appeals court has ordered a third trial in a long-running copyright battle between Microsoft and a Melbourne computer retailer, saying the trial judge’s findings were “greatly diminished” by her three-year-long delay in delivering judgment.

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Meta loses opposition to Clive Palmer’s ‘Ausface’ trade mark
Intellectual Property 2024-03-05 4:08 pm By Cindy Cameronne

US digital giant Meta has lost its challenge to registration of the trade mark ‘Ausface’ by Clive Palmer’s Mineralogy, with a delegate saying the chance of consumers confusing the mark with Meta’s Facebook was a “mere possibility”.

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Afterpay can’t block iSignthis from trade marking ‘Clearpay’ for ASX rival
Intellectual Property 2024-03-04 10:13 pm By Cat Fredenburgh

Afterpay has failed to block fintech iSignthis from registering ‘Clearpay’ as a trade mark for its blockchain-based trading system, with an IP Australia delegate finding Afterpay had failed to prove it used ‘Clearpay’ for its buy now, pay later services outside of the UK.

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Hells Angels wins $100 in damages for Redbubble’s trade mark infringement
Intellectual Property 2024-03-04 10:59 pm By Sam Matthews

Online marketplace Redbubble has succeeded on appeal in cutting down the damages it owes to Hells Angels from over $78,000 to just $100, following a finding that it violated the motorcycle group’s trade marks.

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Finfluencer’s $60,000 settlement offer no better than declaration of TM infringement, court says
Intellectual Property 2024-02-29 11:17 pm By Christine Caulfield

A ruling that finfluencer Canna Campbell infringed a rival’s ‘financial foreplay’ trade mark but owed zero damages was not a less favourable outcome for a fellow financial advisor than a $60,000 settlement offer, a court has found in rejecting a bid for indemnity costs.

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Italian food hall Mercato Centrale defeats trade mark infringement case by 50-year-old deli
Intellectual Property 2024-02-27 11:18 pm By Christine Caulfield

The proprietors of a family-owned Adelaide deli selling imported food for the past 50 years have lost a trade mark lawsuit targeting Eddie Muto’s Il Mercato Centrale — the sprawling Italian market expected to open its first Australian location in Collins St, Melbourne this year.

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In trade mark appeal, Katy Perry says Aussie designer should have ‘changed direction’ given her rise to fame
Intellectual Property 2024-02-22 9:23 pm By Sam Matthews

Appealing her loss in a trade mark stoush with an Australian fashion designer, pop star Katy Perry has argued the woman “should have changed direction” with her ‘Katie Perry’ brand once the singer’s star began to rise. 

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Tesla wins extension of ban against safety campaigner over whistleblower docs
Intellectual Property 2024-02-22 11:42 pm By Christine Caulfield

A judge has extended an injunction against a NSW man who published material on social media allegedly leaked by a former Tesla employee about its self-driving software, saying the electric vehicle giant had a case on its face against him.

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