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Game over for Monster Energy’s opposition to ‘Monster Strike’ trade mark
Intellectual Property 2020-10-19 9:49 pm By Cat Fredenburgh

A judge has shot down Monster Energy’s opposition to Japanese software company Mixi registering the ‘Monster Strike’ trade mark in Australia for its popular video game of the same name, the second judge to find the energy drink maker’s standalone ‘Monster’ mark does not have a significant reputation in Australia.

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Clive Palmer accused of ‘burning, notorious’ infringement as Twisted Sister copyright trial kicks off
Intellectual Property 2020-10-19 4:32 pm By Miklos Bolza

Universal Music has accused Clive Palmer of “burning, notorious” copyright infringement by using a rewritten version of Twisted Sister’s smash hit We’re Not Gonna Take It in a series of “grating and annoying” political ads.

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Flexigroup tries again to overcome Zip opposition to ‘no interest’ trade mark
Intellectual Property 2020-10-19 9:46 am By Cat Fredenburgh

Fintech Flexigroup has appealed rival Zip Co’s successful opposition to its ‘No Interest Ever!’ trade mark, which an IP Australia delegate found was a laudatory phrase incapable of distinguishing the goods of a single trader.

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Court issues mixed ruling in Merck Sharp & Dohme, Pfizer vaccine patent battle
Intellectual Property 2020-10-15 4:47 pm By Miklos Bolza

Pharmaceutical rivals Merck Sharp & Dohme and Pfizer have both suffered a blow in their efforts to patent a better pneumococcal vaccine, with a judge upholding both infringement and invalidity claims in the long-running case over the blockbuster Prevnar 13 vaccine.

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Clive Palmer can’t delay Twisted Sister copyright trial
Intellectual Property 2020-10-14 5:20 pm By Cat Fredenburgh

Queensland billionaire Clive Palmer has lost his bid to vacate a trial scheduled to start next week in a high-stakes lawsuit alleging he committed copyright infringement by using Twister Sister’s 1980s rock anthem ‘We’re Not Gonna Take It’ in campaign ads for his United Australia Party without a licence.

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Boehringer appeals win for Merck in parasite patent spat
Intellectual Property 2020-10-13 12:00 pm By Cat Fredenburgh

Pharmaceutical company Boehringer Ingelheim will take another crack at opposing a patent application for an injectable anti-parasite drug for livestock by a subsidiary of competitor Merck Sharp & Dohme.

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Arrow drops opposition to Novartis patent for MS drug, despite win before IP Australia
Intellectual Property 2020-10-12 2:35 pm By Miklos Bolza

The Federal Court has upheld Novartis’ appeal of a ruling revoking its patent for an oral form of multiple sclerosis drug Gilenya, after Australian generic drug maker Arrow Pharmaceuticals dropped its opposition to the patent despite prevailing before IP Australia.

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Delegate deflates Ann Taylor’s opposition to Nike’s ‘Aeroloft’ trade mark
Intellectual Property 2020-10-12 1:13 pm By Cat Fredenburgh

US women’s clothing retailer Ann Taylor has come up short in its opposition to Nike’s bid to register the ‘Aeoroloft’ mark for its brand of lightweight fitness apparel, with an IP Australia finding the mark is not deceptively similar to Ann Taylor’s ‘Loft’ mark.

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Zip Co crushes Flexigroup’s ‘No Interest’ trade mark
Intellectual Property 2020-10-09 10:01 pm By Cat Fredenburgh

Fintech Zip Co has successfully opposed rival Flexigroup’s attempt to trade mark ‘No Interest Ever!’, in the latest trade mark battle between buy now, pay later service providers in Australia.

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Full Court gives Branhaven another shot at bovine gene patent
Intellectual Property 2020-10-09 3:57 pm By Cat Fredenburgh

Australia’s leading livestock group cannot block US company Branhaven from amending its application for a bovine genome patent, which the group has worried could harm the Australian cattle industry’s ability to use genetic tests.

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