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Vittoria roasts Lavazza over ‘oro’ trade mark
Intellectual Property 2019-09-09 12:22 pm By Cat Fredenburgh

A simmering battle over the ‘oro’ trade mark has bubbled over, with Australian coffee giant Vittoria filing Federal Court proceedings alleging Italian competitor Lavazza has knowingly violated its trade mark for the Italian word gold.

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State Street can use evidence from Maurice Blackburn case in US suit against Fearless Girl artist
Intellectual Property 2019-09-06 11:45 pm By Christine Caulfield

State Street Global Advisors has been given the go-ahead to use evidence unearthed in its trade mark and copyright action against Maurice Blackburn over the iconic Fearless Girl statue as evidence in a related US lawsuit against the sculpture’s creator.

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James Cook University hit with $1.2M judgment for sacking climate skeptic
Employment 2019-09-06 9:34 pm By Miklos Bolza

A court has ordered James Cook University to pay over $1.2 million to a controversial climate change professor who was sacked in a manner the judge found “reprehensibly unfair” and an “egregious abuse of power”.

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Google can’t get quick win in second defamation case by medical researcher
Defamation 2019-09-06 9:23 pm By Christine Caulfield

Google will need to mount a full defence over its liability for defamatory material in search results, after it lost its bid for summary dismissal of a second claim brought by a South Australian doctor over the availability of ‘Rip-off Report’ posts.

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LG to pay $160,000 for misleading customers about refund rights on faulty TVs
Competition & Consumer Protection 2019-09-06 9:17 pm By Christine Caulfield

Electronics giant LG has been ordered to pay a $160,000 penalty after its call centre workers misled two complaining customers about their rights to replace a faulty television or get a refund under the Australian Consumer Law.

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‘I do not want a 100 per cent success rate’: ACCC boss reflects on recent court losses
Competition & Consumer Protection 2019-09-06 8:00 pm By Amelia Birnie

Recent high-profile court losses will do nothing to deter the competition and consumer watchdog according to ACCC boss Rod Sims, who says he “does not want a 100 per cent success rate” because it would mean the regulator was not being sufficiently aggressive.

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Westpac faces class action over ‘excessive’ super rates
Class Actions 2019-09-06 3:10 pm By Miklos Bolza

Two Westpac units have been hit with a class action over allegedly excessive superannuation interest rates,  the third class action filed as part of Slater and Gordon’s $1 billion ‘Get Your Super Back’ campaign.

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Judge frowns on ‘moronic approach’ to group member sign-up in Takata class actions
Class Actions 2019-09-05 9:59 pm By Miklos Bolza

The judge overseeing a group of class actions against car manufacturers over faulty Takata airbags has questioned a simplified group registration and opt out process proposed by the law firm leading the cases, saying it would “invite a moronic approach” to sign up.

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Estia Health seeks to strike out ‘defective’ class action pleadings
Class Actions 2019-09-05 9:24 pm By Miklos Bolza

Aged care provider Estia Health has launched a bid to strike out the pleadings in a Phi Finney McDonald-led shareholder class action, accusing the law firm of making “speculative allegations” in the hope of strengthening its case later on.

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Full Federal Court dismisses Linfox’s $45M fuel tax challenge as ‘too weak’
Tax 2019-09-05 2:42 pm By Amelia Birnie

The Full Federal Court has dismissed Linfox’s $45 million fuel tax credit appeal, finding the Australian logistics company’s argument was ‘too weak or uncertain’ to conclude that it was being over-taxed on major toll roads across the country.

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