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Ugg owner wins IP case against Aussie shoe retailer
Consumer Goods 2022-02-01 6:11 pm By Bianca Hrovat

The maker of Ugg footwear has successfully opposed an application by an Australian shoe seller to register a trade mark containing the word ‘ugg’, but a delegate has warned the company it does not have an exclusive right to the descriptive word.

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SmileDirectClub can’t get its facts straight, Invisalign claims
ACCC 2022-01-07 5:11 pm By Bianca Hrovat

The maker of the popular Invisalign dental aligners has sued competitor SmileDirectClub for allegedly misleading consumers about the cost and efficacy of its direct-to-consumer teeth alignment kits.

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ACCC launches case against Booktopia over ‘misleading’ refund policy
ACCC 2021-12-10 9:03 pm By Cindy Cameronne

The Australian Competition and Consumer Commission has launched proceedings against online book retailer Booktopia for allegedly making false or misleading statements about consumers’ rights to refunds for faulty books.

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Cosmetics brand Mecca wins contract spat with Hourglass over COVID-19 closures
Andrew Di Pasquale 2021-12-02 4:23 pm By Miklos Bolza

Australian beauty and skincare retailer Mecca has triumphed in a lawsuit brought against US makeup brand Hourglass, which tried to terminate an exclusive distribution agreement because of the COVID-19 pandemic.

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Detergent buyers don’t confuse Finish, Somat brands, trade mark trial hears
Ashurst 2021-11-16 6:14 pm By Bianca Hrovat

The maker of Somat dishwashing products has hit back at allegations of trade mark infringement, telling a court the prominent brand name on its range of dishwashing tablets functions as an “unmistakable” point of difference between the company and market leader Finish.

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Cotton On takes rival to court over ‘unjustifiable’ litigation threats
By George Legal 2021-11-15 12:45 pm By Miklos Bolza

Australian clothing retailer Cotton On has taken rival surf and streetwear brand Ghanda to court over “unjustifiable” and “groundless” accusations of copyright and trade mark infringement.

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Is it infringement if no one saw it? Hells Angels, Redbubble TM case to raise novel issue
Allens 2021-11-02 1:02 pm By Bianca Hrovat

A novel issue of liability has been raised in a trademark dispute between Hells Angels Motorcycle Corporation and Redbubble, with the online retailer claiming a trade mark cannot be infringed if the trade mark owner is the only person to witness the alleged infringement.

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‘BS free’ makeup brand MCoBeauty accused of lying to consumers
Competition & Consumer Protection 2021-10-19 2:45 pm By Bianca Hrovat

The manufacturer of the popular 1000Hour Lash & Brow Dye has accused “luxe-for-less” cosmetics company MCoBeauty of infringing its trade mark with its new 2000 Hour Lash & Brow Tint and misrepresenting to consumers that the product lasts twice as long.

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‘Shit hot tradie’ trade mark not so hot, delegate finds
Consumer Goods 2021-10-05 4:19 pm By Cindy Cameronne

In a victory for Tradie briefs manufacturer Sojo, a delegate has shot down clothing start-up Rebel Power’s bid to trade mark the words ‘shit hot tradie’.

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Katy Perry wins bid to withdraw ‘wrong’ admission in trade mark dispute
Consumer Goods 2021-09-24 2:10 pm By Cindy Cameronne

US singer Katy Perry can withdraw an admission in a trade mark infringement case that licensing her brand to Target and Myer constituted use, with a judge finding the admission was “not consistent with current law”.

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