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Full Court won’t undo injunction barring ‘RestQ’ trade mark use
Amy Campbell 2021-05-28 10:19 pm By Cindy Cameronne Sydney

An appeals court has upheld a ruling which bars use of the RestQ trade mark on sleep products sold by Martin & Pleasance because of a “disturbing” number of similarities with the marketing and appearance of an established competitor’s Rescue natural sleep aid product.

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Fonterra can’t keep company name out of class action website domain
Adley Burstyner 2021-05-28 3:58 pm By Cat Fredenburgh Melbourne

Dairy co-operative Fonterra has lost a bid to keep the company’s name out of the domain of a website to be set up for a class action brought by farmers alleging they were unlawfully underpaid when Fonterra slashed milk prices and sought a “clawback” in 2016.

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Mosaic Brands hit with $630,000 penalty for misleading claims about hand sanitiser, masks
ACCC 2021-05-27 12:44 pm By Cat Fredenburgh Melbourne

Mosaic Brands has paid $630,000 in penalties after being hit with infringement notices by the ACCC for misleading claims made about hand sanitiser and masks sold on its websites at the height of COVID-19 pandemic last year.

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Judge blasts ‘improper’ conduct by lawyers in $553,000 ruling against US rapper The Game
Competition & Consumer Protection 2021-05-25 9:44 pm By Miklos Bolza Sydney

A judge has slammed the “highly improper” conduct of lawyers in a judgment ordering US rapper The Game and his manager to pay over $553,000 to an Australian music promotion company over a cancelled tour in 2017.

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Consumer class actions on the rise, as group proceedings hit financial year record
Class Actions 2021-05-25 8:55 pm By Christine Caulfield Melbourne

At least 60 class actions were filed in Australian courts from July 1 last year to April 30, marking a record for new group cases in a financial year with two months to go, according to a preliminary report by King & Wood Mallesons’ disputes resolution team.

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Mitsubishi faces class action after judge finds Triton fuel economy label misleading
Automotive 2021-05-25 5:52 pm By Christine Caulfield Melbourne

A law firm is set to file a class action against Mitsubishi Motors after a judge upheld a ruling that found the car maker engaged in misleading or deceptive conduct in its representations of fuel efficiency on a label fixed to the windshield of a Triton 4WD sold in 2017.

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Bordeaux estate behind $500 wine sues Tassie producer over ‘knockoffs’
Bruce Caine 2021-05-20 6:20 pm By Miklos Bolza Sydney

A nearly 100-year-old Bordeaux estate that makes the Vieux Château Certan wine, which retails for at least $500, has taken a Tasmanian winemaker to court for allegedly trying to hijack its name and making knockoff wines that copy its distinctive pink lid and neck of its bottles.

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Jump swim school hit with $23M penalty for ‘very serious’ consumer law breaches
ACCC 2021-05-20 4:47 pm By Miklos Bolza Sydney

The failed franchisor behind the Jump Swim Schools brand has been hit with a $23 million penalty for what a Federal Court judge found were “very serious” consumer law contraventions.

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Damages claimed in Takata airbags class action against VW ‘quite absurd’, court told
Automotive 2021-05-18 8:25 pm By Miklos Bolza Sydney

A class action trial against Volkswagen over recalled Takata airbags has kicked off, with a lawyer for the car giant denying the airbags carried a safety risk and attacking as “quite absurd” the sought-after damages of 30 percent of the initial price tag of affected cars.

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Consumer law claims dropped in Bayer contraceptive class action
Bayer 2021-05-14 10:33 pm By Cindy Cameronne Sydney

The lead applicant in a class action against Bayer over its allegedly defective Essure contraceptive devices has won court approval to drop her consumer law claims against the German drug maker, with a judge agreeing that the plaintiff’s defect and negligence claims had a better chance of succeeding.

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