The Fair Work Ombudsman has dropped its contempt of court case against the owner of a Cairns tour company after an appeals court set aside the tour operator’s conviction and panned the sentencing judge for his “egregious” conduct.
The Full Federal Court has ordered a retrial in a landmark Fair Work Ombudsman case that saw the owner of a Cairns tour company sentenced to 12 months’ jail, criticizing the sentencing judge for being “sarcastic, disparaging and dismissive” of the tour operator’s evidence.
Printer giant Seiko Epson has won its cross-appeal against cartridge reseller Calidad in a Full Federal Court decision that further clarifies the extent to which patentees can prevent those acquiring a patent’s title from repurposing or manipulating the original product.
A judge has refused to separately hear an application by a Clive Palmer-controlled company to wind up a time-share scheme at Queensland’s Palmer Coolum Resort, describing the bid as an attempt by the company to avoid making admissions about its conduct, which allegedly resulted in the “death of the resort”.
Bauer Consumer Media has won a five-year legal battle over Evergreen Television’s Discover Downunder trade mark, with the Full Federal Court setting aside a prior IP Australia decision and deregistering the mark.
The Full Federal Court has dismissed appeals by both parties to a ruling that dismissed allegations of infringement of a patent for an industrial machine safety system that uses laser fields to detect hazards.
The Australian chapter of biker group the Hells Angels has mostly come up short in its wide-ranging intellectual property lawsuit against online marketplace Redbubble. But the judge that heard the case may have opened the door for more IP lawsuits against the print-on-demand site by shooting down its claims that its not a seller but merely a platform for artists and consumers to engage.
Liquidators for the failed Queensland Nickel will be able to interrogate Clive Palmer’s wife over the assets of her husband’s other company, Mineralogy, after telling a court they feared Palmer was squandering company funds on his political campaign.
The Australian Securities & Investments Commission has largely prevailed on appeal to the High Court in its case against former directors of collapsed retirement village owner Prime Trust, including former federal health minister Michael Wooldridge.
A judge applied the “wrong test” when he considered the reputation of a trade mark in an infringement case alleging the marks of rival meat processors were deceptively similar, a Full Federal Court has found.