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Caterpillar wins fight over Puma’s Procat trade mark
Intellectual Property 2021-08-27 10:11 pm By Cindy Cameronne

US machinery manufacturer Caterpillar has won its appeal of a decision approving sportswear brand Puma’s ‘Procat’ trade mark application, with a judge finding “a significant number” of consumers might be confused by the mark.

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Crocs takes Mosaic Brands to court for allegedly copying shoe design
Intellectual Property 2021-08-26 5:00 pm By Cindy Cameronne

US footwear company Crocs has taken Mosaic Brands to court for allegedly selling shoes that “flagrantly” copy the look of its unique 13-hole slip-on foam clogs.

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Full Court confirms no statutory liability for infringement by authorisation
Expert Insights 2021-08-25 3:11 pm By Editor

In a recent decision, the Full Federal Court confirmed that a trade mark owner who merely authorises use of its trade mark cannot be subject to liability for direct trade mark infringement under section 120(1) of the Trade Marks Act, writes Shelston IP’s Kathy Mytton and Sean McManis.

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‘Very concerned’ judge reopens Hells Angels’ trade mark case against Redbubble
Intellectual Property 2021-08-25 1:30 pm By Bianca Hrovat

A judge has reopened the trial in Hells Angels’ trade mark case against Melbourne-based retailer Redbubble to hear allegations by the bikie gang that the online marketplace was still selling infringing products after the July hearing wrapped up.

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Biogen wants injunction ahead of trial against Pharmacor over MS drug
Intellectual Property 2021-08-25 2:25 pm By Cindy Cameronne

Swiss pharmaceutical company Biogen is seeking a court order blocking an Australian generic drug manufacturer from selling a cheap multiple sclerosis drug it claims infringes its patent for medicine Tecfidera, a court has heard.

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Broadcaster appeals Seven’s win over ‘7HD’ trade mark
Intellectual Property 2021-08-24 11:42 pm By Cindy Cameronne

A Thai broadcaster has appealed a decision by IP Australia that found its proposed 7HD trade mark was deceptively similar to the Seven television network’s mark.  

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Innovation patents: the end is nigh
Expert Insights 2021-08-23 4:29 pm By Editor

New standalone innovation patents will no longer be able to be filed after 25 August 2021. Patentees who wish to benefit from the innovation patent system must take steps to ensure that any complete application for an innovation patent or a standard complete application (from which they could divide out later) be filed on or before 25 August 2021, say James Lawrence and Dominique Blik of Mills Oakley.

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Cytec prevails again in challenge to Nalco mining patent
Energy & Natural Resources 2021-08-19 3:34 pm By Miklos Bolza

US-based chemical and materials technology company Cytec Industries has won its Federal Court challenge to a mining patent application by a unit of Ecolab, with the court finding the claims in the patent lacked support and sufficient disclosure.

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A2 Milk takes trade mark battle over Nestle’s NAN A2 to Federal Court
Intellectual Property 2021-08-19 1:42 pm By Christine Caulfield

New-Zealand dairy company a2 Milk is challenging a win for Nestle over the Swiss food and drink giant’s NAN A2 trade mark for infant formula, a mark IP Australia found was not deceptively similar to a2’s logo.

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Coca-Cola tastes victory in defence of artificial sweetener patent
Intellectual Property 2021-08-19 9:19 pm By Cindy Cameronne

Intellectual property law firm Spicer Spicer has lost its opposition to Coca-Cola’s patent application for soft drinks and syrups containing an artificial sweetener known as Reb X, with an IP Australia delegate rejecting the firm’s argument the patent was not inventive.

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