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Delegate denies opposition to Kraft changes to heat-resistant chocolate patent
Intellectual Property 2019-10-23 4:35 pm By Cat Fredenburgh

Kraft Foods can amend its patent application for a chocolate that doesn’t melt in the summer months, after a delegate found many of the claims of the patent lacked clarity and support.

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Trendy Aussie handbag designer wins injunction against ‘knockoff’ neoprene bags
Intellectual Property 2019-10-23 2:40 pm By Cat Fredenburgh

A popular Australian designer of neoprene athleisure handbags has won an injunction barring a retail site from selling bags that copy the design of its trendy totes.

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Bean there, done that: Lavazza says it used ‘oro’ trade mark before Vittoria
Intellectual Property 2019-10-22 11:14 pm By Cat Fredenburgh

Italian coffee manufacturer Lavazza has hit back against an infringement case brought by Australian rival Vittoria over two Oro trade marks, saying Vittoria’s rights over the marks should be revoked and claiming four decades of prior continuous use of its own unregistered mark.

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Court blocks Konami’s last-minute defence in damages trial over Aristocrat pokie patent
Intellectual Property 2019-10-17 9:46 pm By Miklos Bolza

Gaming and entertainment giant Konami has lost a bid to amend its defence in a patent case by rival Aristocrat Technologies on the second day of a damages hearing, with the judge finding the changes were contrary to the interests of justice and would require postponing the trial until late next year.

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a2 Milk loses another trade mark opposition as high-stakes appeal looms
Intellectual Property 2019-10-17 4:33 pm By Cat Fredenburgh

The a2 Milk Company has come up short again in opposing a competitor’s bid to register a trade mark containing “a2”, with a delegate finding the reputation of its goods does not lie in the descriptive term a2 alone.

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Kmart pockets win over streetwear company in cargo pants IP dispute
Intellectual Property 2019-10-16 10:39 pm By Cat Fredenburgh

Kmart has defeated claims by a streetwear company that the retail giant infringed the copyright for its cargo pants and shorts designs.

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Ex-Pizzeys patent attorneys deny using confidential info to poach clients
Business of Law 2019-10-16 8:35 pm By Miklos Bolza

Two patent attorneys being sued by boutique IP firm Pizzeys Patent and Trade Mark Attorneys are resisting an application for preliminary discovery, denying the firm’s claim that they misused confidential information to poach clients.

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Aristocrat goes ‘too far’: Konami tells court pokie patent damages should be proportional
Intellectual Property 2019-10-14 10:01 pm By Miklos Bolza

Aristocrat Technology has gone “too far” in seeking full profits from the sale of Konami Australia’s infringing pokie machines, with Konami arguing the court should calculate damages in relation to what proportion of its machines were created using components that infringe the gaming giant’s patent.

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State Street drops Fearless Girl trade mark case against super fund
Intellectual Property 2019-10-14 3:25 pm By Cat Fredenburgh

US asset management firm State Street has dropped its trade mark claims against a second superannuation fund over its iconic Fearless Girl statue, leaving law firm Maurice Blackburn as the lone defendant as a November trial date approaches.

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Motorola slams Hytera for ‘pig-headed’ approach to IP expert evidence
Intellectual Property 2019-10-11 2:18 pm By Amelia Birnie

Motorola has slammed competitor Hytera for its “spectacularly poor” handling of expert evidence in a high stakes intellectual property dispute between the two tech giants, arguing the pre-trial timetable should not be upended on account of the Chinese radio maker’s “pig-headed” insistence on using unavailable witnesses.

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