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Australia to take on EU in battle over Prosecco naming rights
Intellectual Property 2020-01-13 10:25 pm By Cat Fredenburgh

The Australian government is exploring potential legal grounds for opposing the European Union’s push to limit use of the name Prosecco to wines produced in northern Italy.

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Hill & Smith employee who jumped ship to face patent claims
Intellectual Property 2020-01-13 8:42 pm By Christine Caulfield

UK-based company Hill & Smith Holdings has won court approval to expand its patent case against Australia-based Safe Barriers Pty Ltd for allegedly infringing its patented road barrier system to include a former employee who jumped ship to the rival road safety product maker.

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Aldi Foods’ trade mark for one of its clothing brands has been revoked, with an IP Australia delegate finding the mark is “wholly descriptive” and incapable of distinguishing its goods.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