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Litigation funder wins access to docs in parking patent dispute against City of Melbourne
Intellectual Property 2020-06-12 9:19 pm By Miklos Bolza

The funder backing a patent lawsuit by tech firm Vehicle Management Systems over an invention used by the City of Melbourne to time parked vehicles has been granted extended access to discovered documents in the proceedings.

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Forcing Google, Facebook to pay for news could run afoul of High Court ruling, IP experts say
Media 2020-06-11 4:59 pm By Cat Fredenburgh

A group of IP lawyers has warned the Government will have to proceed carefully in establishing a mandatory code under which Google and Facebook would be forced to pay news publishers for content, saying such a move could be struck down under existing High Court precedent.

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Bega melts Saputo bid to trade mark cheese cartoon figure
Intellectual Property 2020-06-11 10:57 am By Cat Fredenburgh

Cheese maker Saputo’s proposed trade mark for an adorable cheese cartoon figure is substantially identical to Bega’s intellectual property for a ‘smiling anthropomorphised’ cheese biped and cannot be trade marked, a delegate of the trade marks office has found.

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Bayer’s parasite treatment patent bites the dust after challenge by Abbey
Intellectual Property 2020-06-10 9:22 pm By Cat Fredenburgh

Animal health company Abbey Laboratories has successfully challenged an application by rival Bayer Australia for a patent covering a treatment for biting lice.

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‘New marketing opportunity’: Judge sees injunction’s silver lining in In-N-Out trade mark dispute
Intellectual Property 2020-06-09 2:35 pm By Cat Fredenburgh

A Sydney burger chain that was ordered to change its name after losing a trade mark lawsuit by popular American burger franchise In-N-Out has lost its request to stay the ruling, with a judge finding the company had “greatly exaggerated” the costs of the name switch, which she called “a new marketing opportunity”.

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Victoria Beckham drops challenge to ‘VB’ trade marks
Intellectual Property 2020-06-09 12:08 pm By Cat Fredenburgh

Victoria Beckham has dropped a lawsuit seeking to block Sydney-based skincare company VB Skinlab from registering two VB trade marks, which the fashion designer and former Spice Girl claimed sought to trade off the reputation of her VB marks.

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The house wins: Aristocrat beats out IP Australia in fight over slot machine patents
Intellectual Property 2020-06-05 10:03 pm By Miklos Bolza

Gaming giant Aristocrat Technologies has succeeded in its appeal of an IP Australia decision rejecting four of its gaming patents, with a judge finding they were “not a mere scheme” but an actual manner of manufacture.

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Australian Bar Association’s trade mark lawsuit is not a class action, judge says
Intellectual Property 2020-06-03 3:40 pm By Miklos Bolza

A trade mark infringement lawsuit filed by the former CEO of the Australian Bar Association was not properly brought as a class action on behalf of member barristers, a judge has found.

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Sportsbet fires off trade mark lawsuit against betting site
Intellectual Property 2020-06-01 3:32 pm By Cat Fredenburgh

Australian bookmaker Sportsbet has filed a lawsuit against betting competitor Sportsbetting.com.au for alleged trade mark infringement and consumer law violations.

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Rokt shows innovation in computer tech needed to cross patentability threshold
Intellectual Property 2020-05-29 8:38 pm By Christine Caulfield

In its recent decision, the Federal Court has confirmed that schemes are not patentable merely because they are “new and ingenious” and are implemented using a computer. While the door is not completely closed on computer implemented schemes, the patentability threshold will never be passed unless there is some innovation in the computer technology, says Jane Owen and Rebecca Currey of Bird & Bird.

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