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Justin Hemmes’ ‘Establishment’ trade mark should be canceled, court told
Intellectual Property 2024-06-20 11:33 pm By Sam Matthews

Brisbane restaurant Establishment 203 has hit back at a trade mark suit brought by Sydney hospitality mogul Justin Hemmes, telling a court that his ‘Establishment’ trade mark should be canceled.

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Climate investment firm Wollemi beats Tesla CEO’s trade mark opposition
Intellectual Property 2024-06-17 11:54 pm By Cat Fredenburgh

CBA-backed climate venture capital firm Wollemi has defeated a challenge by Tesla CEO Robyn Denholm’s family office to registering its name as a trade mark, with a delegate finding the family’s private investment vehicle of the same name did not use the mark in trade or commerce.

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Elanco loses appeal in animal drug patent spat with Abbey Laboratories
Intellectual Property 2024-06-17 11:07 pm By Sam Matthews

Elanco Australasia has lost its bid to appeal a finding by IP Australia that a patent acquired from Bayer covering a lice treatment for livestock lacked an inventive step.

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United Petroleum sues On The Run for ‘unjustified’ trade mark infringement threats
Intellectual Property 2024-06-14 10:09 pm By Cindy Cameronne

Petrol chain United Petroleum has sued competitor On The Run for allegedly wrongly claiming its ‘Quickstop’ and ‘Cigmart’ marks infringe On The Run’s trade marks.

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Sharetea wins trial delay in trade mark case by global bubble tea giant
Intellectual Property 2024-06-14 11:50 pm By Sam Matthews

A judge has granted Australian bubble tea franchise Sharetea a third adjournment of a trial in a $10 million case brought by its Taiwanese franchisor, despite “very significant concern” that Sharetea’s director did not do everything in his power to find new lawyers in time.

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Apple can’t patent touchscreen interface
Intellectual Property 2024-06-14 4:03 pm By Cindy Cameronne

An IP Australia delegate has shot down Apple’s application to patent a touchscreen interface used on its electronic devices, calling the invention a “logistical scheme” for organising media files rather than a technological innovation. 

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Cargill wins IP case against company that tried to intercept $10.8M payment
Intellectual Property 2024-06-11 11:45 pm By Sam Matthews

Cargill has won a trade mark infringement case against a company that a judge said appeared to be operating an “internet scam” to intercept a $10 million payment to the multinational food company.

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Monster Energy settles trade mark fight with PepsiCo over popular snack food
Intellectual Property 2024-06-07 12:21 pm By Christine Caulfield

A three-year court battle over PepsiCo’s Monster Munch trade mark has been resolved, with Monster Energy negotiating the removal of some beverage products that would have been covered by the mark.C

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Net-a-Porter loses challenge to The Iconic’s ‘Considered’ trade mark
Intellectual Property 2024-06-07 1:46 pm By Andy Sidler

The Iconic has defeated a challenge to the online fashion retailer’s application to trade mark ‘Considered’ for sustainable or ethically sourced products, with IP Australia rejecting Net-a-Porter’s argument that the label has not been used in the sense required under the Trade Marks Act.

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End of the road for Hells Angels in fight for damages against Redbubble
Intellectual Property 2024-06-06 11:07 pm By Cat Fredenburgh

The High Court has declined to step in after Hells Angels’ award of $78,000 in damages for online marketplace Redbubble’s infringement of its trade marks was slashed to just $100, bringing to an end an IP fight that has stretched on for nearly a decade.

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