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Trendy Aussie handbag not a work of artistic craftsmanship, court rules
Intellectual Property 2020-11-10 12:53 pm By Christine Caulfield

The Australian maker of a trendy neoprene handbag sold at high-end retailers has lost a copyright lawsuit over alleged knockoffs, with a judge finding the tote was at most an “evolution in styling” and not a work of artistic craftsmanship with copyright protection.

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Mylan fails in High Court bid to save patents for top seller Lipidil
Intellectual Property 2020-11-06 12:06 pm By Cat Fredenburgh

The High Court has declined to take up Mylan’s challenge to a Full Court ruling upholding the invalidity of three patents for its blockbuster cholesterol drug Lipidil.

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Craft brewery can’t overturn cancellation of ‘Urban Ale’ trade mark
Intellectual Property 2020-11-04 7:00 pm By Miklos Bolza

A Melbourne-based craft brewery has failed to save its ‘Urban Ale’ trade mark, with the Full Federal Court dismissing its appeal and finding that a judgment ordering the cancellation of the mark was correct.

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Manolo Blahnik wins discovery for potential knockoff suit against Sydney outlet
Intellectual Property 2020-11-04 4:09 pm By Spencer Fowler Steen

Luxury shoe designer Manolo Blahnik has won a preliminary discovery application seeking information from Sydney designer outlet, Estro, for a possible lawsuit over the “extremely concerning” sale of alleged knock-off shoes.

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Judge frowns on Allergan’s ‘Botox’ trade mark lawsuit
Intellectual Property 2020-10-28 7:29 pm By Cat Fredenburgh

Botox maker Allergan has lost a lawsuit that accused an Australian cosmetics company that sells topical creams as an alternative to Botox injections of infringing its Botox trade mark.

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Hungry Jack’s stands by ’25 per cent more beef’ claim in McDonald’s burger battle
Intellectual Property 2020-10-27 7:25 pm By Spencer Fowler Steen

Hungry Jack’s is doubling down on its claim that its ‘Big Jack’ burger has 25 per cent more beef than rival McDonald’s ‘Big Mac’, denying the US fast food company’s allegation that its beefier burger brag, made in a recent cheeky television ad, is misleading and deceptive.

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CoreLogic must hand over documents for potential data scraping copyright case
Intellectual Property 2020-10-26 6:50 pm By Miklos Bolza

Construction information service provider BCI Media Group has won its bid for preliminary discovery against property data analytics firm CoreLogic Australia, which is suspected of breaching copyright by gaining unauthorised access to BCI’s subscription platforms and data scraping for leads.

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Ripple Labs denies PayID is deceptively similar to trade mark of Aussie mobile banking system
Intellectual Property 2020-10-26 12:15 pm By Christine Caulfield

US cryptocurrency maker Ripple Labs has hit back at an intellectual property lawsuit brought by the Australian company behind the ubiquitous PayID mobile banking system, saying its PayID trade mark is neither substantially identical nor deceptively similar to the Aussie mark.

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‘Aussies Not Gonna Cop It’ birthed in pre-dawn session at bedside, Clive Palmer tells court
Intellectual Property 2020-10-22 3:06 pm By Miklos Bolza

Billionaire Clive Palmer has claimed that he wrote the lyrics to ‘Australia’s Not Gonna Cop It’ in the early hours of the morning while “deep in contemplation” at his bedside, telling the Federal Court that the song was inspired by the Peter Finch film ‘Network’ and not Twisted Sister’s rock anthem.

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‘O Come, All Ye Faithful’ inspired Twisted Sister rock anthem, Dee Snider admits
Trials 2020-10-20 1:27 pm By Miklos Bolza

Heavy metal singer Dee Snider has admitted under cross-examination that ‘O Come, All Ye Faithful’ influenced Twisted Sister’s rock anthem ‘We’re Not Gonna Take It’ but denied that he had “borrowed” elements of the Christmas carol for the 1985 hit.

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