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Claws out: Monster Energy appeals loss in trade mark dispute with MuscleTech
Appeals 2023-06-20 5:08 pm By Gareth Baker

Monster Energy has lodged a Federal Court appeal after failing to block supplements retailer MuscleTech from registering a new logo that it alleges is similar to its own M claw mark. 

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Full Court won’t weigh in on ASIC’s power to seek penalties for Credit Code violations
Appeals 2023-06-15 10:00 pm By Gareth Baker

Sunshine Loans has lost its bid to have the Full Court weigh in on ASIC’s authority to seek penalties for Credit Code violations, in proceedings accusing the online lender of charging over $320,000 in prohibited fees. 

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High Court won’t hear broker’s case over 2014 ban for second time
Appeals 2023-06-15 5:53 pm By Christine Caulfield

The High Court has rejected an appeal by a mortgage broker in a saga stretching back a decade, when the corporate regulator imposed a lifelong ban against the broker for failing to disclose a conviction on his credit licence application.

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Funder that backed failed IP case appeals indemnity costs ruling
Appeals 2023-06-14 11:16 pm By Cat Fredenburgh

A litigation funder that bankrolled a photographer’s unsuccessful copyright claim against CoreLogic has appealed a ruling ordering if to pay indemnity costs to the property data analytics company.

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Singer Katy Perry appeals loss in trade mark stoush with Aussie designer
Appeals 2023-06-13 9:58 pm By Cat Fredenburgh

Pop star Katy Perry has appealed her loss in a long-running trade mark fight with an Australian fashion designer over the right to use her name to sell clothing in Australia.

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In appeal against SmileDirectClub, Invisalign says court didn’t get facts straight
Appeals 2023-06-05 12:56 pm By Cat Fredenburgh

Dental aligner maker Invisalign has appealed its loss in suit accusing competitor SmileDirectClub of misleading consumers about the cost and efficacy of its direct-to-consumer teeth alignment kits.

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In battle of Spitfire creditors, appeals court provides clarity on R&D refunds
Appeals 2023-05-31 2:22 pm By Cindy Cameronne

A private investment fund has won its claim as a secured creditor over $2 million in research and development tax refunds that a court previously found should go to employees in a fight over funds remaining following the collapse of fintech Spitfire Corporation. 

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Sydney University ordered to reinstate lecturer sacked over swastika slide
Appeals 2023-05-29 3:13 pm By Sam Matthews

The University of Sydney has been ordered to reinstate a lecturer the court found was unlawfully dismissed over a slide of a Nazi swastika superimposed on the Israeli flag, but the order is stayed pending the school’s appeal.

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Law firm loses appeal in pay feud with high fee earner
Appeals 2023-05-26 11:09 am By Sam Matthews

A Melbourne law firm has lost its appeal of a $184,000 judgment in favour of a former junior lawyer who earned hundreds of thousands of dollars per year under a lucrative pay structure.

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Peter V’landys’ appeal flops in defamation case over ABC racehorse cruelty report
Anais d'Arville 2023-05-26 10:54 am By Sam Matthews

Racing NSW CEO Peter V’landys AM has failed to revive his defamation case against the ABC over a 7:30 segment that revealed racehorses were being killed in violation of industry rules, despite the appeals court noting that the report “treated him very shabbily” and “was not high quality journalism.”

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