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No loss to Bordeaux wine producer from Tassie pinot noir bottle’s misleading appearance: court
Intellectual Property 2024-03-19 11:53 pm By Christine Caulfield

The maker of Tasmanian pinot noir label New Certan breached the consumer laws in bottling its product in a way that resembled the packaging of a fancy French drop, but the premium wine producer failed to prove any loss, a court has ruled.

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Gadens nabs defamation partner from Banki Haddock Fiora
Business of Law 2024-03-18 3:44 pm By Sam Matthews

Law firm Gadens has strengthened its IP and defamation practice with the appointments of a partner and associate from rival Banki Haddock Fiora.Ā 

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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 Palmerā€™s ā€˜Ausfaceā€™ 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 ā€œmere possibilityā€.

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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 groupā€™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 rivalā€™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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