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Loss of the Motherland: IP Australia strips Monster Energy of trade mark for non-use
Intellectual Property 2021-01-11 11:23 am By Miklos Bolza

The maker of Mother energy drinks has had its Motherland trade mark removed by IP Australia, with a delegate granting a win to rival caffeinated beverage maker Vittoria Food & Beverage in finding that the mark should be removed for non-use.

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GetSwift’s move to Canada wins court, FIRB approval after fierce opposition by ASIC
Securities 2021-01-08 9:21 pm By Miklos Bolza

Last-mile logistics software company GetSwift has ceased trading on the ASX after its relocation to Canada got the greenlight by the Federal Court and FIRB despite the company facing ongoing litigation in Australia.

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Court scraps mediation in ASIC case as Mayfair fails to retain Ashurst
Financial Services 2020-12-23 4:12 pm By Miklos Bolza

A judge has vacated a scheduled mediation in ASIC’s misleading and deceptive conduct case against three companies in the beleaguered Mayfair Group after they failed to procure legal representation despite assurances that lawyers would be engaged promptly.

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ACCC rejects Google undertaking to seal $3B Fitbit deal
Competition & Consumer Protection 2020-12-22 9:30 am By Cat Fredenburgh

The Australian Competition and Consumer Commission has rejected a behavioural undertaking from Google intended to assuage the regulator’s competition concerns about its planned $3 billion acquisition of fitness device company Fitbit, saying it would be challenging to monitor and enforce.

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Lorna Jane faces ACCC action over anti-virus activewear claims
Competition & Consumer Protection 2020-12-21 3:58 pm By Spencer Fowler Steen

The ACCC has taken legal action against women’s activewear company Lorna Jane for allegedly representing to consumers during the height of the coronavirus pandemic in Australia that its anti-virus activewear would protect them from viruses, including COVID-19.

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Training company AIPE on hook for $139M in compensation in ACCC case
Competition & Consumer Protection 2020-12-21 1:44 pm By Christine Caulfield

A judge has found a NSW training company is liable to pay $139 million for over 12,000 students who racked up VET FEE-HELP debts but failed to complete their courses due to an “unconscionable” enrolment system.

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MinterEllison gave ASIC advice on Shipton’s tax bill
ASIC 2020-12-18 9:41 pm By Spencer Fowler Steen

Top-tier law firm MinterEllison provided ASIC with a legal opinion on whether it was appropriate for the regulator to cover the tax bill of chairman James Shipton, telling the regulator that it was “standard practice” for an employer to cover the reasonable cost of tax advice.

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ASIC has spent $3.2M on criminal lawsuits against Clive Palmer
White Collar 2020-12-18 3:11 pm By Miklos Bolza

ASIC has spent $3.2 million so far pursuing billionaire mining magnate Clive Palmer in two criminal lawsuits alleging takeover contraventions and fraud.

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ABC hit with lawsuit for requiring make-up artist to wear a mask
COVID-19 2020-12-16 5:41 pm By Miklos Bolza

A make-up artist has launched a Fair Work case against the ABC alleging she lost her shifts after refusing to wear a mask in the midst of the COVID-19 pandemic.

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Facebook hit with ACCC action for ‘misleading’ users over data protection app
Competition & Consumer Protection 2020-12-16 10:43 am By Christine Caulfield

The consumer watchdog has launched enforcement action against Facebook, alleging the social media giant engaged in false, misleading or deceptive conduct in the promotion of its discontinued Onavo Protect mobile app.

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