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Judge promises no ‘mystery tour’ in Takata air bags class actions
Allens 2019-07-25 4:23 pm By Miklos Bolza Sydney

The judge overseeing seven class actions against car makers over defective Takata airbags has shot down the applicants’ opposition to a soft class closure order in advance of mediation, saying the cases would not be a “mystery tour” from here on out.

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Apple, Swatch both come up short in latest trade mark fight
Apple 2019-07-24 4:15 pm By Miklos Bolza Sydney

Rival firms Apple Inc and Swatch AG have both failed in their opposition to the other’s trade mark extension application, with a delegate for the trade marks office allowing Apple’s Tick Different and Swatch’s Think Different to proceed to registration in Australia.

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Subpoena not a ‘garden party invitation’: judge in pelvic mesh class action warns doctor groups
Class Actions 2019-07-16 8:05 pm By Amelia Birnie Sydney

A judge overseeing the pelvic mesh class action against Johnson & Johnson subsidiary Ethicon has questioned why three doctor’s professional bodies tried to negotiate court orders requiring them to hand over their member lists, agreeing the supboena was “not a garden party invitation”.

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Delegate says A2 milk common meaning bars ‘true A2’ trade mark
Agriculture 2019-07-16 3:19 pm By Cat Fredenburgh

The phrase true A2 is not inherently adapted to distinguish the A2 Milk Company’s products because A2 milk is commonly understood to signify less allergenic dairy products that do not contain the A1 protein, according to a now-published ruling that’s already been appealed by the dairy company.

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Ex-Hastie Services execs acquitted on conspiracy charges
Clayton Utz 2019-07-15 10:50 pm By Cat Fredenburgh Melbourne

Two former executives of Hastie Services have been cleared of criminal charges that they engaged in a conspiracy to falsify the company’s accounts, with a judge ordering the jury to enter verdicts of not guilty on all charges.

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Former Dick Smith execs may seek to vacate trial date if cross claims filed
Alan Shearer 2019-07-12 9:18 pm By Amelia Birnie Sydney

Two former executives of Dick Smith may seek to vacate an upcoming trial date for two class actions against the failed retailer, after recently being hit with cross claims by the company’s former auditor, Deloitte.

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Dick Smith insurers face class action over IPO-related policy
Alan Shearer 2019-07-08 4:43 pm By Miklos Bolza Sydney

Allianz and a number of other insurers of Dick Smith are now facing a class action over the extent of coverage under an insurance policy for the collapsed electronics retailer’s initial public offering.

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Another dispute over Ichthys LNG project may be brewing
Clayton Utz 2019-07-04 11:53 am By Miklos Bolza Sydney

The contractor behind the Ichthys LNG project has won court approval to use documents discovered in its lawsuit against Dutch paint manufacturer AkzoNobel for use in any potential dispute with INPEX, the head company behind the liquid natural gas project.

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Novartis wants to amend invalidated patent for MS drug
Appeals 2019-07-02 1:30 pm By Amelia Birnie Sydney

Novartis has applied to amend its proposed patent for an oral form of multiple sclerosis drug Gilenya, as it appeals an invalidity ruling by IP Australia for lack of inventive step.

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A2 Milk takes Lion Dairy to court over ‘True A2’ trade mark
Baker McKenzie 2019-06-27 2:07 pm By Cat Fredenburgh Melbourne

The A2 Milk Company is appealing a ruling that granted rival Lion Dairy’s opposition to its application to trade mark the phrase ‘True A2″ for its milk products, as it combats efforts by other milk companies to block it from using marks that allegedly imply its products have unique characteristics.

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