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Judge crushes Monster Energy’s opposition to monster wheel trade marks
Bruce Caine 2019-06-21 10:05 pm By Cat Fredenburgh Melbourne

A judge has allowed a company associated with leading tyre retailer Bob Jane T-Mart to register three trade marks for its brand of Monster alloy wheels, dismissing claims from US energy drink giant Monster Energy that allowing the registration would lead to confusion.

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Investors can’t revive class action over Octaviar collapse
Adam Hochroth 2019-06-21 9:27 pm By Miklos Bolza Sydney

An appeals court has tossed a challenge to the dismissal of an investor class action against the Public Trustee of Queensland over a failure to predict the 2008 collapse of Gold Coast-based finance group Octaviar, finding that the class had run a case based on allegations outside of its claims.

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Hundreds of privileged advice docs accidentally disclosed in Radio Rentals class action
Class Actions 2019-06-21 6:59 pm By Amelia Birnie Sydney

Lawyers for Radio Rentals are trying to take back hundreds of potentially privileged documents in a consumer class action over the company’s ‘Rent, Try, $1 Buy’ program, after they were accidentally disclosed as a result of an IT redaction error.

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Grand Theft Auto modder confident of defence in Take-Two copyright case
Bird & Bird 2019-06-21 1:11 pm By Miklos Bolza Sydney

A developer of what’s now being called the “Infamous Mod” for video game Grand Theft Auto, which gives players extra powers, is confident he can defend the copyright case brought against him by Take-Two Interactive and its subsidiary Rockstar Games.

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Funder can’t keep $2.2M of JustKapital’s Provident settlement cut in court
Business of Law 2019-06-21 12:53 pm By Cat Fredenburgh Melbourne

JustKapital has defeated a bid by funder Litman Holdings to keep $2.2 million remaining from its cut of a $44.25 million settlement in two class actions against the trustees of failed debenture issuer Provident Capital locked down in court until the resolution of a separate dispute between the two funders.

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Quintis shareholders can choose which of two class actions is a better bet
Bennett + Co 2019-06-21 12:02 pm By Christine Caulfield Melbourne

Shareholders of troubled sandalwood producer Quintis who are eligible group members in two consolidated class actions against the company can bet on which of the two cases will give them the best returns, if any, and the Federal Court has appointed an independent lawyer to help them make the choice.

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US seafood giant Trident loses appeal in trade mark row with Aussie food company
Food and Beverage 2019-06-20 11:20 pm By Christine Caulfield Melbourne

US-based Trident Seafoods has lost a Federal Court fight with an Australian-based Asian food company over three trade marks for the word ‘Trident’.

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Ex-James Estate Wines boss takes another shot at ANZ in $14M dispute
Allens 2019-06-20 9:27 pm By Amelia Birnie Sydney

Failed winemaker David James has launched a fresh bid to overturn a $14 million judgment for ANZ against him, telling a court he is still pursuing the bank after six years because the dispute has “taken his life’s work”.

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Funder takes all in Equititrust settlement with KPMG, creditors get nothing
Accounting 2019-06-20 9:10 pm By Miklos Bolza Sydney

The approval of a settlement between the liquidators of failed fund manager Equititrust and auditor KPMG has been postponed to allow time to notify creditors and unitholders that they won’t see a cent, an outcome the judge called “a long way from litigation in any traditional sense”.

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Employees are priority creditors of insolvent trading trustees, High Court rules
Appeals 2019-06-20 9:08 pm By Miklos Bolza Sydney

The High Court of Australia has resolved a nearly 40-year old question of whether employees of a failed company established as trustee of a trading trust have priority over ordinary unsecured creditors.

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