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High Court to weigh in on relevance of reputation in passing off claims
Intellectual Property 2025-04-04 3:36 pm By Cat Fredenburgh

The High Court will weigh in on the relevance of reputation in passing off claims, taking up an appeal by Bed Bath N’ Table of a finding that rival retailer House did not engage in misleading and deceptive conduct in setting up its Bed & Bath stores.

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High Court won’t take up Hytera appeal of ‘industrial theft’ ruling
Intellectual Property 2025-04-04 4:22 pm By Cat Fredenburgh

The High Court has declined to hear radio manufacturer Hytera’s appeal of a finding that it misappropriated Motorola’s source code in a case of “substantial industrial theft”. 

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ATO, PepsiCo face off in High Court fight over royalty withholding tax
Tax 2025-04-03 11:03 pm By Andy Sidler

Payments by bottler Schweppes Australia to US drink giant PepsiCo should be assessed as royalty income under tax law, the ATO has told the High Court in a high-stakes case.

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Zip hopes High Court buys honest concurrent use defence in high-stakes trade mark suit
Intellectual Property 2025-04-02 11:01 am By Cat Fredenburgh

Buy now, pay later giant Zip will ask the High Court to throw out a ruling that found it infringed mortgage provider Firstmac’s ‘Zip’ trade mark and barred it from using the name in Australia.

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Light & Wonder faces potential shareholder class action
Class Actions 2025-03-28 11:26 pm By Andy Sidler

Gaming company Light & Wonder is facing a possible shareholder class action for allegedly misleading investors about the growth of its Dragon Train game, which Aristocrat claims its rival developed by misappropriating its trade secrets. Class action firm Phi Finney McDonald announced it is investigating a class action on behalf of investors who purchased Light…

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Lord of all trade mark battles goes to Federal Court
Intellectual Property 2025-03-27 11:04 pm By Cat Fredenburgh

The IP rights holder of The Hobbit and Lord of the Rings franchises has appealed its loss in a trade mark battle with vegan burger chain Lord of the Fries.

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Beckman Coulter shoots down biotech’s stem cell trade mark
Intellectual Property 2025-03-25 11:25 pm By Andy Sidler

US lab products giant Beckman Coulter has successfully opposed an Australian biotech’s bid to trade mark ‘Cytophex’ for its stem cell expansion system, with an IP Australia delegate finding the mark is too similar to Beckman’s ‘CytoFLEX’ mark. 

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Novartis loses appeal over patent for heart drug Entresto
Intellectual Property 2025-03-24 11:50 pm By Cat Fredenburgh

Pharmacor will be allowed to sell a generic version of heart drug Entresto after the Full Court rejected Swiss drug giant Novartis’ appeal of a ruling that found an extension of the term of its patent for the drug was invalidly granted.

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Firstmac wins high stakes appeal in trade mark fight with Zip
Financial Services 2025-03-20 11:47 pm By Sam Matthews

An appeals court has found Zip Co infringed the ‘Zip’ trade mark of mortgage provider Firstmac, making orders restraining the buy now, pay later giant from using the name.

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Who’s the ‘Mac’? Macquarie asks Federal Court to decide
Intellectual Property 2025-03-20 3:16 pm By Cat Fredenburgh

Macquarie’s fight with a NSW credit union — which saw the bank’s ‘Macbank’ trade mark cancelled because, a delegate found, it had only been used colloquially — has landed in the Federal Court.   

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