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‘Bit of a stretch’: Judge looks dimly on Squirrel’s defence in ASIC case
ASIC 2021-03-12 4:30 pm By Cindy Cameronne

A judge has questioned fintech company Squirrel Super’s defence in ASIC’s case alleging it made false and misleading statements about returns on property investments, saying it “looked like a bit of a stretch” at first glance.

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Full Court dashes Bendigo and Adelaide Bank’s hopes of saving ‘community bank’ trade mark
Allens 2021-03-11 4:47 pm By Cat Fredenburgh

Bendigo and Adelaide Bank has lost its appeal of a ruling that revoked its 22-year-old ‘community bank’ trade mark, with the Full Federal Court agreeing that the phrase has an ordinary signification and cannot be trade marked for the bank’s services.

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Viagogo seeks stay of $7M penalty, citing ‘catastrophic effect’ of COVID-19 pandemic
ACCC 2021-02-23 2:29 pm By Miklos Bolza

Ticket reseller Viagogo is seeking a stay of a $7 million penalty in litigation brought by the ACCC in light of the “catastrophic effect” of the COVID-19 pandemic, as the company appeals a court’s finding that it misled customers on an “industrial scale”.

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Vagisil maker wins appeal to halt European rival’s trade mark
Appeals 2021-02-11 3:40 pm By Spencer Fowler Steen

The maker of Vagisil feminine hygiene products has successfully overturned a ruling that denied its bid to stop a European competitor from registering Vagisan as a trade mark in Australia.

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Goodman Fielder wins ‘La Famiglia’ trade mark dispute
Clayton Utz 2021-02-08 2:58 pm By Spencer Fowler Steen

Australasian food company Goodman Fielder has successfully challenged a bid by Conga Foods and an Italian pasta producer to register the ‘La Famiglia’ trade mark for pasta products.

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Death causes six-month delay of trial in Merck, Pfizer vaccine patent dispute
Corrs Chambers Westgarth 2021-02-03 5:18 pm By Cat Fredenburgh

The Federal Court has delayed a 15-day hearing in a pneumococcal vaccine patent dispute between Merck Sharp & Dohme and Pfizer after the sudden death of a family member of one of Pfizer’s expert witnesses.

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Merck Sharp & Dohme lodges cross appeal in Prevnar 13 vaccine patent spat
Allens 2021-01-25 4:33 pm By Christine Caulfield

Drug giant Merck Sharp & Dohme has brought a cross appeal in its long-running intellectual property dispute with Pfizer’s Wyeth over the top selling Prevnar 13 pneumococcal vaccine.

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Wyeth seeks total victory in vaccine patent battle with Merck Sharp & Dohme
Allens 2021-01-15 8:53 am By Cat Fredenburgh

Pfizer unit Wyeth is seeking to overturn part of a judge’s decision in its high-stakes patent dispute with Merck Sharp & Dohme that found claims in two of its patents relating to the blockbuster Prevnar 13 pneumococcal vaccine were invalid.

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‘Sydney’s most controversial burger restaurant’ loses appeal in trade mark beef with In-N-Out
Appeals 2021-01-14 1:46 pm By Spencer Fowler Steen

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.

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Pfizer can’t get discovery in anticipation of Sandoz’ Enbrel biosimilar, judge says
Appeals 2020-12-03 11:00 pm By Cat Fredenburgh

A judge hearing Pfizer’s application for preliminary discovery against Sandoz over its possible launch of an Enbrel biosimilar has found that such an application must be based on a current belief that the applicant could be entitled to relief.

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