The Full Federal Court has upheld an appeal by In-N-Out Burgers against Sydney-based Hashtag Burgers, finding that its two sole directors were also liable for trademark infringement and passing off in owning and operating their ‘DOWN-N-OUT’ burger restaurants.
Payouts in class actions in 2020 largely kept pace with the previous year despite the financial strain of the COVID-19 pandemic, with companies and other defendants paying more than $696 million to settle class actions last year.
Properties near seven air force bases where allegedly toxic firefighting foam was used experienced a drop in land value because of the “stigma” of contamination, according to an expert report accepted by the Federal Court in a class action seeking compensation from the Federal government.
A judge has dismissed an attempt by a Reckitt Benckiser unit to block Raid insect spray ads by rival SC Johnson , saying the consumer goods giant had a “weak” prima facie case based on “excessively literal and strained” interpretations of the ads.
Botox maker Allergan has lost a lawsuit that accused an Australian cosmetics company that sells topical creams as an alternative to Botox injections of infringing its Botox trade mark.
The maker of pain killer Maxigesic is taking its long-running battle with Nuromol manufacturer Reckitt Benckiser to an appeals court after a recent ruling that its advertising misled consumers by claiming Maxigesic provided better, faster and more effective pain relief than paracetamol or ibuprofen.
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.
AFT Pharmaceuticals has suffered another blow over its Maxigesic advertisements, with a judge finding the marketing material misled consumers by claiming to provide better, faster and more effective pain relief than paracetamol or ibuprofen.
Shine Lawyers has been given the go ahead to use two reports produced in three settled PFAS class actions as evidence in its latest case over the Defence Department’s firefighting foam, with a judge saying any implied undertaking not to re-use the material lost force when the information became public.
The judge overseeing three class actions against the Commonwealth over its use of allegedly toxic firefighting foam, which have settled for $212.5 million, said backing by a litigation funder led to a better outcome for group members, who would otherwise have been in the disadvantaged position of “supplicants requesting compensation”.