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Penfolds maker shuts down another Chinese knockoff
Intellectual Property 2020-02-28 2:34 pm By Miklos Bolza

The Australian Trade Marks Office has granted another victory to Treasury Wine Estates in its ongoing battle against Chinese firm seeking to misappropriate the Penfolds name and sell knockoff wines under similar branding in China.

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‘Cheeky’ and deceptively similar: Down N’ Out infringed In-N-Out Burger’s trade mark, judge says
Intellectual Property 2020-02-26 7:11 pm By Miklos Bolza

An Australian burger chain launched as a tribute to the popular American burger franchise In-N-Out has lost a trade mark infringement lawsuit, with a judge finding its name choice was “deceptively similar” and “cheeky”.

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Costly IP cases could make Australian courts look bad, Dynastat patent judge says
Intellectual Property 2020-02-26 5:52 pm By Miklos Bolza

A judge overseeing patent litigation over the painkiller Dynastat has urged the parties to narrow any issues in dispute, saying the excessive amounts of money spent in these types of cases could harm public perception.

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‘Negligent’ insurance broker must pay client’s copyright settlement with Microsoft
Intellectual Property 2020-02-24 9:17 pm By Christine Caulfield

An insurance broker breached its duties to a software company and must cover the costs of a settlement it reached with Microsoft for copyright infringement, a court has found. 

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Aussie designer did not object to Katy Perry’s use of her trade mark, court told
Intellectual Property 2020-02-20 4:50 pm By Miklos Bolza

Popstar Katy Perry has rejected claims of trade mark infringment by Sydney-based fashion designer Katie Perry, saying the designer “encouraged or acquiesced to” the singer’s use of her name on branded clothing sold in Australia.

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Caterpillar wins latest fight over ‘cat’ trade marks
Intellectual Property 2020-02-19 11:07 pm By Christine Caulfield

Caterpillar has scored a victory in one of several legal challenges the construction equipment manufacturer has launched to protect its ‘cat’ trade marks, successfully opposing the registration of the ‘ironcat’ mark for tyres and auto maintenance.

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Judge allows docs despite ‘real risk’ of prosecution for ex-Directed Electronics manager
Intellectual Property 2020-02-17 11:44 am By Miklos Bolza

A former manager of Australian electronics automotive developer Directed Electronics OE has failed to block access to certain documents in a corporate theft case, despite the Federal Court finding they gave rise to a “real and appreciable risk” of civil or criminal prosecution against him.

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Taco Bell to open in Victoria after settling Taco Bill lawsuit
Intellectual Property 2020-02-13 9:39 pm By Cat Fredenburgh

A Mexican restaurant franchise has settled a dispute with Taco Bell that will allow the fast food giant to move ahead with plans to set up shop in Victoria.

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Rokt parries blows from Full Court as it looks to save software patent
Intellectual Property 2020-02-10 9:53 pm By Miklos Bolza

A landmark ruling granting fintech Rokt’s application for a software patent has come under attack before the Full Federal Court, with the judges expressing skepticism about the invention’s patentability.

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IP Australia sinks Intel’s bid for ‘Falcon’ drone trade mark
Intellectual Property 2020-02-10 12:24 pm By Cat Fredenburgh

Computer processing giant Intel cannot register ‘Intel Falcon’ as a trade mark for drones, with an IP Australia officer finding the mark is deceptively similar to three existing marks.

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