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Litigation funder wins access to docs in parking patent dispute against City of Melbourne
Andrew McRobert 2020-06-12 9:19 pm By Miklos Bolza

The funder backing a patent lawsuit by tech firm Vehicle Management Systems over an invention used by the City of Melbourne to time parked vehicles has been granted extended access to discovered documents in the proceedings.

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‘New marketing opportunity’: Judge sees injunction’s silver lining in In-N-Out trade mark dispute
Baker McKenzie 2020-06-09 2:35 pm By Cat Fredenburgh

A Sydney burger chain that was ordered to change its name after losing a trade mark lawsuit by popular American burger franchise In-N-Out has lost its request to stay the ruling, with a judge finding the company had “greatly exaggerated” the costs of the name switch, which she called “a new marketing opportunity”.

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Down N’ Out to appeal ‘cheeky’ In-N-Out Burger trade mark infringement ruling
Baker McKenzie 2020-05-29 12:27 pm By Alison Eveleigh

An Australian burger chain that opened in Sydney as a tribute to the popular American burger franchise In-N-Out is set to appeal a trademark infringement ruling that found its name choice was “deceptively similar” and “cheeky”.

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GSK, Novartis agree to $4.5M penalty for misleading Osteo Gel claims
Bird & Bird 2020-05-04 3:40 pm By Alison Eveleigh

GlaxoSmithKline and Novartis have agreed to a combined penalty of $4.5 million after the Australian Competition and Consumer Commission accused the pharmaceutical giants of making misleading claims in marketing their Voltaren Osteo Gel and Voltaren Emulgel pain relief products.

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Producer behind Golden Girls puppet show loses defamation case against collaborators
Banki Haddock Fiora 2020-03-09 5:30 pm By Christine Caulfield

A theatre producer facing a lawsuit by his former collaborators for stealing the script for his off-Broadway puppet show parody of the 80s TV sitcom Golden Girls has lost his own legal action against them, which alleged they defamed him and engaged in misleading and deceptive conduct by talking to a New York Times reporter about their lawsuit.

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City of Melbourne fights damages in parking patent case
Andrew McRobert 2020-03-05 12:28 pm By Miklos Bolza

The City of Melbourne has rejected a claim for damages for allegedly infringing a patented parking detection system created by tech firm Vehicle Monitoring Systems, saying it was not aware of the existence of two patents underlying the invention.

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‘Cheeky’ and deceptively similar: Down N’ Out infringed In-N-Out Burger’s trade mark, judge says
Baker McKenzie 2020-02-26 7:11 pm By Miklos Bolza

An Australian burger chain launched as a tribute to the popular American burger franchise In-N-Out has lost a trade mark infringement lawsuit, with a judge finding its name choice was “deceptively similar” and “cheeky”.

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Court blocks Konami’s last-minute defence in damages trial over Aristocrat pokie patent
Andrew Fox 2019-10-17 9:46 pm By Miklos Bolza

Gaming and entertainment giant Konami has lost a bid to amend its defence in a patent case by rival Aristocrat Technologies on the second day of a damages hearing, with the judge finding the changes were contrary to the interests of justice and would require postponing the trial until late next year.

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Aristocrat goes ‘too far’: Konami tells court pokie patent damages should be proportional
Andrew Fox 2019-10-14 10:01 pm By Miklos Bolza

Aristocrat Technology has gone “too far” in seeking full profits from the sale of Konami Australia’s infringing pokie machines, with Konami arguing the court should calculate damages in relation to what proportion of its machines were created using components that infringe the gaming giant’s patent.

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Drunks and prostitutes: Down N’ Out trade mark evokes Sin City, not In-N-Out, court told
Baker McKenzie 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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