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Aldi’s ‘wholly descriptive’ trade mark for clothing line revoked
Intellectual Property 2020-01-10 5:11 pm By Miklos Bolza

Aldi Foods’ trade mark for one of its clothing brands has been revoked, with an IP Australia delegate finding the mark is “wholly descriptive” and incapable of distinguishing its goods.

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Full Court says Oxworks wrongly awarded extra damages in patent suit
Intellectual Property 2020-01-09 5:14 pm By Miklos Bolza

The Full Federal Court has provided clarity around additional damages in patent cases by reducing the penalties liable to be paid by an Australian fencing and gate manufacturer found to have infringed a rival’s patent for a fence base.

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High Court to weigh in on patent exhaustion in Seiko ink cartridge spat
Intellectual Property 2020-01-08 5:08 pm By Christine Caulfield

The High Court has granted special leave to cartridge reseller Calidad after the company lost an intellectual property dispute with printer giant Seiko Epson and was hit with a general injunction barring it from further patent infringement.

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Corrs partner on the hook for security in DNA patent appeal
Intellectual Property 2020-01-06 5:32 pm By Miklos Bolza

A partner at Corrs Chambers Westgarth who successfully opposed a genome editing patent by ToolGen, and a corporate predecessor of law firm Ashurst, have been ordered to pay $375,000 in security in an appeal launched by the South Korean biotech firm.

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Pizzeys wins discovery bid for possible lawsuit against patent attorneys who jumped ship
Business of Law 2019-12-13 4:17 pm By Miklos Bolza

Boutique IP firm Pizzeys Patent and Trade Mark Attorneys has won its bid for preliminary discovery to pursue possible claims against two patent attorneys who left the firm to start their own competing business.

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Gilead says Glaxo venture’s HIV patent invalid
Intellectual Property 2019-12-10 11:57 pm By Cat Fredenburgh

US biotech giant Gilead has struck back at a patent infringement lawsuit brought by a specialist HIV pharmaceutical company majority owned by GlaxoSmithKline, saying the patent at the centre of the lawsuit is invalid.

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Clive Palmer ‘didn’t like the price’ of Twisted Sister licence, court hears
Intellectual Property 2019-12-04 1:58 pm By Miklos Bolza

Billionaire and former politician Clive Palmer knew he needed a licence to use Twisted Sister’s hit song ‘We’re Not Gonna Take It’ but went ahead and used the song anyway in his political campaign ads because he “didn’t like the price,” the Federal Court has heard.

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Bendigo and Adelaide Bank appeals loss of 20-year-old trade mark
Intellectual Property 2019-11-29 11:09 pm By Christine Caulfield

Arguing the court was wrong to rule that its trade mark was not inherently distinctive, Bendigo and Adelaide Bank is challenging a judgment that revoked its 20-year-old mark for ‘Community Bank’.

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Hytera can argue Motorola should have alerted it to stolen IP sooner, Full Court says
Intellectual Property 2019-11-29 2:26 pm By Cat Fredenburgh

The Full Federal Court has handed a win to Hytera in its high-stakes intellectual property litigation with Motorola, allowing the Chinese radio manufacturer to file an amended defence arguing Motorola should have alerted it to the alleged theft of its source code by former employees sooner.

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Big riffin: Jay-Z sues Aussie co over play on ’99 Problems’ hook
Intellectual Property 2019-11-26 12:16 pm By Miklos Bolza

International hip-hop superstar Jay-Z has sued an Australian children’s book manufacturer for “flagrant, glaring and contumelious” intellectual property infringement with its ‘AB to Jay-Z’ baby books.

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