Dental aligner maker Invisalign has lost its case accusing competitor SmileDirectClub of misleading consumers about the cost and efficacy of its direct-to-consumer teeth alignment kits
The reputation of a registered trade mark and its owner is not relevant in assessing the deceptive similarity of a challenged mark, the High Court has found, clarifying the test for infringement under a section of the Trade Marks Act.
A contradictor has argued that the High Court must consider the reputation of Botox maker Allergan’s trade marks in a cosmetic company’s challenge to a judgment finding it infringed the marks by marketing its topical creams as Botox alternatives.
Twenty barristers have risen to the ranks of senior counsel in New South Wales, including a veteran defamation barrister, two counsel with class action expertise and part of the team that saw ASIC’s claims against two Rio Tinto executives dropped.
The holder of the licence for ‘Love Is In The Air’ is seeking $2.5 million in damages from Oregon electronic music duo Glass Candy for infringing the copyright for the 1970s disco hit, despite a judge dismissing most claims for damages against the pair.
Melbourne craft beer producer Brick Lane Brewing Co has filed proceedings accusing three companies behind the zero carb Better Beer of ripping off its packaging in breach of the Australian Consumer Law.
A judge has recused himself from hearing a dispute over the alleged infringement of the copyright for the disco classic ‘Love Is In the Air’ on the eve of a damages hearing.
A judge has issued a broader injunction barring Air France from using the song ‘Love Is In The Air’ than the one proposed by the airline, after finding an Oregon electronic duo’s song which was licenced to Air France copied the 1977 disco hit.
US drug company Merck Sharp & Dohme has settled trade mark litigation brought by German drug maker Merck KGaA alleging it violated a 1970 agreement by using the “Merck” mark in Australia.
The judge overseeing a copyright infringement lawsuit against an electronic music duo and Air France over the 1977 disco hit ‘Love Is In The Air’ has denied a request to re-open the case or tweak his reasons for rejecting most claims for damages, saying the plaintiffs’ opportunity to raise an argument they had likely “overlooked” had passed.