A judge has issued an injunction temporarily barring use of the RestQ trade mark on sleep products sold by Martin & Pleasance because of a “disturbing” number of similarities with the marketing and appearance of an established competitor’s Rescue natural sleep aid product.
Swiss drug giant Novartis has sued generic drug maker Pharmacor to halt its launch of a generic version of the company’s top-selling MS drug Gilenya.
Bendigo and Adelaide Bank has lost its appeal of a ruling that revoked its 22-year-old ‘community bank’ trade mark, with the Full Federal Court agreeing that the phrase has an ordinary signification and cannot be trade marked for the bank’s services.
The company behind the Peloton interactive exercise bike, which has amassed a cult following in the US during the coronavirus pandemic, has taken legal action against a California-based fitness company seeking the removal of its ‘spinning’ trade mark ahead of Peloton’s planned launch in Australia.
A fight is brewing over allegedly deficient discovery provided by pop star Katy Perry in her trade mark dispute with Sydney fashion designer Katie Perry, with a judge hearing that text messages from the singer’s phone that may be relevant to the case have not been handed over.
The Federal Court is set to determine whether artificial intelligence can be the inventor of a patent, after an AI pioneer filed a challenge to an IP Australia finding that allowing a machine to be considered an inventor would render the Patents Act incapable of “sensible operation”.
Generic pharmaceutical company Sandoz has hit back in an intellectual property lawsuit by Merck Sharp & Dohme, filing a cross-claim that seeks to undo an extension of time granted to the US drug manufacturer for a patent relating to its multibillion dollar Januvia and Janumet diabetes drugs.
The Full Federal Court has been asked to consider an appeal of a judge’s ruling backing the position of the Commissioner of Patents that two patents for a computer-implemented invention did not describe a manner of manufacture and should be revoked.
The manufacturer of V Energy drinks has taken a competitor to court for allegedly infringing its unregistered “V” trade mark and engaging in misleading and deceptive conduct.
A judge has allowed a hearing on separate questions concerning the validity of a non-compete agreement in a lawsuit brought against two patent lawyers who jumped ship by boutique IP firm Pizzeys Patent and Trade Mark Attorneys, despite expressing concerns that “separate questions are fraught”.