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Caterpillar wins fight over Puma’s Procat trade mark
US machinery manufacturer Caterpillar has won its appeal of a decision approving sportswear brand Puma’s 'Procat' trade mark application, with a judge finding “a significant number” of consumers might be confused by the mark.
Norton Rose must face damages with ‘substantial sting’, ex-partner says
A former Norton Rose Fulbright partner locked in a six-year legal battle with the firm has urged the Full Court to allow a $160,000 damages award in his favour to be recalculated, saying it did not provide enough "sting", amounting to just $1,500 per partner.
CBA slams class action’s ‘shameless’ attempt to obtain CEO’s emails
The Commonwealth Bank of Australia has slammed an attempt by a class action to “trawl through” its Chief Executive Officer’s emails in search of correspondence regarding it decision to rebate commissions grandfathered by the Future of Financial Advice reforms.
Judge finds NSW environmental regulator has ‘duty’ to address climate change
The NSW Environment Protection Authority must develop policies to protect the environment from the threat of climate change, a judge has found in a significant victory for climate advocates.
Crocs takes Mosaic Brands to court for allegedly copying shoe design
US footwear company Crocs has taken Mosaic Brands to court for allegedly selling shoes that "flagrantly" copy the look of its unique 13-hole slip-on foam clogs.
Santos accused of misleading market by ‘greenwashing’ natural gas claims
Leading Australian oil and gas producer Santos is accused of misleading the market by “greenwashing” its environmental credentials in a landmark shareholder-led lawsuit filed in the Federal Court.
Law firm investigates class action over toxic dog food
A law firm is investigating a potential class action on behalf of pet owners whose dogs have died or fallen ill after consuming food contaminated with a known toxin.
Full Court confirms no statutory liability for infringement by authorisation
In a recent decision, the Full Federal Court confirmed that a trade mark owner who merely authorises use of its trade mark cannot be subject to liability for direct trade mark infringement under section 120(1) of the Trade Marks Act, writes Shelston IP's Kathy Mytton and Sean McManis.
Class action lawyers await guidance from courts on impact of continuous disclosure reforms
Reforms by the Morrison government passed earlier this month weakening continuous disclosure obligations will spur corporate defendants to engage in "expensive interlocutory warfare" to shut down class actions right off the bat, and plaintiffs lawyers are waiting to see how the courts interpret the new laws to determine these early strike-out fights.
Judge says Nine’s ‘pride or ego’ only reason for alleged defamatory articles staying online
A judge overseeing a Papua New Guinean politician’s defamation lawsuit has criticised Nine’s refusal to take down two allegedly defamatory articles ahead of a delayed trial, saying there was no reason to keep them online except for the publisher’s “pride or ego”.