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IP, consumer challenge to union campaign could raise freedom of speech concerns, judge says
Competition & Consumer Protection 2019-07-11 3:41 pm By Amelia Birnie

The NRMA’s bid to restrain the maritime union’s campaign over the safety and employment standards of Sydney’s fast ferry services on the grounds that it violates IP and consumer laws is set to be fast tracked after a judge noted the “significant” case could raise freedom of speech issues.

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Emails reveal Kmart employees shared links to streetwear co’s designs, court told
Intellectual Property 2019-07-10 2:39 pm By Amelia Birnie

Streetwear brand Globe International has alleged department store chain Kmart was reasonably aware it was infringing copyright, after internal emails revealed Kmart clothing designers shared links to Globe’s workwear designs before proposing to trial “this more youthful workwear… ASAP”.

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Britax loses booster seat patent opposition after contradicting its own application
Intellectual Property 2019-07-09 4:57 pm By Amelia Birnie

British child safety product manufacturer Britax has lost its opposition to an Australian competitor’s patent for a lightweight child booster seat, after contradicting inventiveness claims made in its own application for a similar product.

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BASF termite control patent invalid, court told
Intellectual Property 2019-07-09 3:50 pm By Miklos Bolza

Sherwood Chemicals wants to exterminate claims alleging it infringed two patents held by US chemical giant BASF for an underground termite control system, saying the patents were invalid and that any infringement, if it occurred, was innocent.

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Full Court hands Seiko a win in ink cartridge patent dispute
Intellectual Property 2019-07-05 5:15 pm By Miklos Bolza

Printer giant Seiko Epson has won its cross-appeal against cartridge reseller Calidad in a Full Federal Court decision that further clarifies the extent to which patentees can prevent those acquiring a patent’s title from repurposing or manipulating the original product.

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Aristocrat sues Ainsworth over ‘extensive and deliberate’ theft of slot machine IP
Intellectual Property 2019-07-04 4:31 pm By Miklos Bolza

Casino and mobile game giant Aristocrat Technologies has sued rival Ainsworth Game Technology for alleged copyright infringement and breaches of Australian consumer law following the suspected theft of trade secrets by an employee.

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Drunks and prostitutes: Down N’ Out trade mark evokes Sin City, not In-N-Out, court told
Intellectual Property 2019-07-03 8:48 pm By Miklos Bolza

Sydney’s Down N’ Out Burgers has rejected claims that it appropriated the trade mark of US burger chain In-N-Out, telling a court at the close of trial that the founders were inspired by the success of the American company but wanted to evoke the idea of Sin City, not speedy service.

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Novartis wants to amend invalidated patent for MS drug
Intellectual Property 2019-07-02 1:30 pm By Amelia Birnie

Novartis has applied to amend its proposed patent for an oral form of multiple sclerosis drug Gilenya, as it appeals an invalidity ruling by IP Australia for lack of inventive step.

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Ariosa infringed Sequenom’s patent for prenatal genetic test, court finds
Intellectual Property 2019-07-01 10:07 pm By Cat Fredenburgh

A court has found Ariosa Diagnostics infringed a patent held by Sequenom for a noninvasive prenatal genetic test, and ruled one claim of the patent invalid for lack of fair basis.

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A2 Milk takes Lion Dairy to court over ‘True A2’ trade mark
Intellectual Property 2019-06-27 2:07 pm By Cat Fredenburgh

The A2 Milk Company is appealing a ruling that granted rival Lion Dairy’s opposition to its application to trade mark the phrase ‘True A2″ for its milk products, as it combats efforts by other milk companies to block it from using marks that allegedly imply its products have unique characteristics.

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