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Trade mark blues: Italian consortiums fail to protect their cheeses   
Bird & Bird 2020-04-14 8:15 pm By Alison Eveleigh

Two Italian cheese consortiums have failed in separate bids to trade mark their respective cheeses, Gorgonzola and Asiago, with delegates ruling the trade marks were not capable of distinguishing each consortium’s products from other cheeses.

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CFMEU hit with $3M judgment for industrial action against Chevron
Employment 2020-04-14 6:10 pm By Alison Eveleigh

Chevron has won a $3 million judgment against the Construction, Forestry, Maritime, Mining and Energy Union, after a court found the Maritime Union of Australia, now part of the CFMEU, engaged in unlawful industrial action in opposing the energy giant’s use of foreign crews.

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Class can’t access insurance docs in action over ‘illusory’ car warranties
Baker McKenzie 2020-04-14 5:23 pm By Miklos Bolza

The applicant in a $47.6 million class action against a unit of car leasing company McMillan Shakespeare has been denied access to insurance documents sought to determine the value of the case, with a judge saying access would “distort the playing field”.

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Bega triumphs again in $60M battle over peanut butter IP rights
Addisons 2020-04-14 3:47 pm By Cat Fredenburgh

Kraft has lost an appeal in its high-stakes legal battle against Bega over the right to use its distinctive peanut butter trade dress in Australia.

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Judge shoots down request for soft closure in breast implants class action
Class Actions 2020-04-14 1:22 pm By Cat Fredenburgh

The plaintiffs in a class action against Dr Eddy Dona, the director of defunct chain the Cosmetic Institute, over allegedly botched breast implants have lost their bid for a ‘soft’ class closure order, with a judge saying the class already had sufficient information to engage in settlement negotiations.

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‘This is the reality of litigation in Australia’: Class action clashes with Ford over virtual trial
Allens 2020-04-09 9:59 pm By Christine Caulfield

Arguing that the court should not be “baulking at problems that have the potential to occur”, counsel for a class action against Ford is pushing back against a bid by the car maker to put the brakes on an upcoming virtual trial the company says will be too difficult and costly.

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Judge ‘pleasantly surprised’ by virtual trials, refuses to delay GetSwift hearing
ASIC 2020-04-09 8:07 pm By Alison Eveleigh

A judge has refused to delay a civil penalty hearing brought by ASIC against GetSwift, scheduled to begin in June, after the logistics company argued that the virtual hearing necessitated by the COVID-19 pandemic would be prejudicial and the proceedings should be adjourned.

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Quintis reaches settlement in shareholder class action
Alexander Edwards 2020-04-09 7:53 pm By Christine Caulfield

Sandalwood producer Quintis has agreed to settle two class actions by shareholders, but the claims against company founder Frank Wilson and auditor EY will proceed for now.

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Judge calls for legislative fix in wake of High Court’s common fund ruling
Class Actions 2020-04-09 1:50 pm By Christine Caulfield

Lamenting that he now has less flexibility to manage commission rates, a judge has called for legislative intervention to give courts authority to regulate funding arrangements at the outset of class actions, a power stripped from them by the High Court late last year.

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Fair trial not possible in virtual courtroom, says judge overseeing Obeid, Macdonald case
Coronavirus 2020-04-08 10:49 pm By Christine Caulfield

A fair trial cannot be conducted in a virtual courtroom, the judge overseeing the criminal case against former NSW Labor ministers Eddie Obeid and Ian Macdonald has said in adjourning their hearing for five months.

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