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‘Unjustifiable threats’: TCT Group wins patent revocation, indemnity costs against Polaris
Andrew Fox 2023-04-11 11:54 am By Sam Matthews

TCT Group has won orders revoking two patents for hinges held by Polaris IP as well as indemnity costs, with a judge finding the patentee made “unjustifiable” threats of infringement against TCT over its own brand of soft-close glass hinges.

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Trade mark reputation not relevant in deceptive similarity cases, High Court rules
Angus Lang 2023-03-15 3:08 pm By Christine Caulfield

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.

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An ‘odd’ result: High Court told reputation can’t be ignored in Botox TM case
Angus Lang 2022-12-08 4:30 pm By Cindy Cameronne

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.

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As fast food titans go to trial, Hungry Jack’s says its burger ‘clever not deceptive’
Addisons 2022-12-05 10:12 pm By Christine Caulfield

Trial in the battle of the buns has begun, with McDonald’s laying out a case for why its rival’s Big Jack burger infringes its trade mark, and Hungry Jack’s firing back that consumers could not confuse its flame-grilled meal with the iconic Big Mac.

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End of the road for AI inventions, as High Court rejects patent appeal
Allens 2022-11-11 6:49 am By Cat Fredenburgh

The High Court will not wade into the global debate over whether artificial intelligence inventions should receive patent protection, letting stand a Full Court judgment that overturned a landmark victory for AI pioneer Dr Stephen Thaler.

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High Court to hear Botox trade mark appeal
Appeals 2022-05-18 3:42 pm By Cat Fredenburgh

The High Court has granted special leave to a cosmetic company to challenge a judgment finding it infringed Botox maker Allergan’s trade marks by marketing its topical creams as Botox alternatives.

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High Court asked to decide if AI can be inventor on patent
Allens 2022-05-18 1:23 pm By Cat Fredenburgh

The High Court has been asked to wade into the debate over whether artificial intelligence can be named as an inventor on patent applications, after the Full Court overturned a landmark victory for AI pioneer Dr Stephen Thaler.

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Judge erred in finding AI can be patent inventor, Full Court says
Allens 2022-04-14 3:39 pm By Miklos Bolza

The Full Court has overturned a landmark judgment which found artificial intelligence can be named as an inventor on patent applications, in a decision which brings Australia in line with findings from courts in the UK, US and EU.

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Court smooths over Botox trade mark dispute with Freezeframe injunction
Angus Lang 2021-10-13 8:47 pm By Bianca Hrovat

Botox drug maker Allergan has secured an injunction against a Sydney-based cosmetics company which sought to “leverage” the reputation of the well-known injectable to sell its Freezeframe line of anti-aging topical creams.

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Allergan wins appeal in Botox trade mark battle
Angus Lang 2021-09-08 5:19 pm By Miklos Bolza

Botox maker Allergan has successfully challenged a Federal Court judgment dismissing its trade mark lawsuit against an Australian company selling topical creams as an alternative to Botox injections.

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