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Soft-drink giants await ruling in trade mark war over colour green
Article 2018-06-28 11:45 pm By Christine Caulfield Melbourne

A ruling in a trademark battle between two beverage giants over a shade of green is set to be handed down next week, and the decision could provide fresh guidance on what a company needs to do to successfully claim a colour as a ‘badge of origin’.

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Kmart denies CEO misled streetwear co. over cargo pants
Intellectual Property 2018-06-28 8:00 pm By Christine Caulfield Melbourne

Kmart has filed its defence denying claims in a suit alleging CEO Guy Russo gave false assurances that the department store had revamped a line of cargo pants and shorts that infringed the copyright of Australian streetwear manufacturer Globe International.

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Carlisle Homes loses injunction bid in copyright case
Construction 2018-06-27 10:32 pm By Cat Fredenburgh Melbourne

A judge had denied home builder Carlisle Homes’ bid for a temporary injunction in a case alleging rival home builder Resimax violated its copyright for residential homes designs, instead ordering that the case move swiftly to trial.

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Optus wins appeal of trade mark deregistration
Christian Dimitriadis 2018-06-26 11:00 pm By Cat Fredenburgh Melbourne

Optus can hang on to its Optus trade mark for marketing and advertising services, after successfully challenging a ruling that the mark should be deregistered for non-use in those areas.

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Senate committee backs computerised IP decision-making
Intellectual Property 2018-06-26 10:38 am By Miklos Bolza Sydney

The Senate Economics Legislation Committee has thrown its support behind a bill which permits the use of computer programs to approve patents, trade marks, designs and plant varieties.

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Sportsbet launches trade mark suit against rival Crownbet
Arnold Bloch Leibler 2018-06-25 9:18 pm By Cat Fredenburgh Melbourne

Online bookrunner Crownbet has been sued by rival Sportsbet over its attempt to trade mark and operate under the “Sportingbet” name.

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Aldi wins appeal over ‘natural’ claims
Chief Justice James Allsop 2018-06-22 3:16 pm By Cat Fredenburgh Melbourne

The Full Federal Court has found products that market themselves as “natural” need not be made wholly of natural ingredients, handing a win to Aldi on appeal in its legal battle with the maker of the popular MoroccanOil line of hair products.

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Geneva Labs’ counterfeit Bio-Oil case dismissed as ‘madness’
Healthcare 2018-06-21 10:08 pm By Miklos Bolza Sydney

A Federal Court judge has dismissed proceedings by US pharma giant Geneva Laboratories against disgraced Sydney pharmacist Mina Attia over sales of 1,000 counterfeit Bio-Oil skincare bottles, calling it “madness” and a misuse of the court.

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Fat pill patent by Danone unit gets IP Australia’s OK
Healthcare 2018-06-21 9:36 pm By Christine Caulfield Melbourne

Danone’s Nutricia unit has defeated a challenge by New Zealand’s dairy cooperative Fonterra to registration of an Australian patent for the use of a nutritional pill for increasing weight gain in frail, elderly people.

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Hilton to go another round over ‘Waldorf’ trade mark
Allens 2018-06-21 11:31 am By Cat Fredenburgh Melbourne

A serviced apartments provider wants to appeal a ruling that blocked it from trade marking the phrase “Waldorf Apartment” after Hilton Worldwide — which owns New York’s iconic Waldorf Astoria hotel – opposed the move.

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