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Instagram takes offensive in trade mark battle with Instagoods
Ed Heerey 2021-09-02 5:50 pm By Miklos Bolza Sydney

Social media giant Instagram has accused Australian retail tech and dating startup Instagoods of “flagrant” trade mark infringement and breaches of the Australian Consumer Law, as an intellectual property stoush between the companies heats up.

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Commissioner of Patents challenges landmark ruling on artificial intelligence
Allens 2021-08-30 1:47 pm By Cat Fredenburgh Melbourne

The Commissioner of Patents has appealed a landmark judgment that found artificial intelligence can be named an inventor on a patent application.

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Caterpillar wins fight over Puma’s Procat trade mark
Consumer Goods 2021-08-27 10:11 pm By Cindy Cameronne Sydney

US machinery manufacturer Caterpillar has won its appeal of a decision approving sportswear brand Puma’s ‘Procat’ trade mark application, with a judge finding “a significant number” of consumers might be confused by the mark.

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7-Eleven willing to negotiate with Seven over 7NOW trade mark, court hears
7-Eleven 2021-08-27 12:48 pm By Christine Caulfield Melbourne

7-Eleven has told a court it is willing to negotiate a deal with Seven over the 7NOW logo, a trade mark the TV network recently lost after a successful challenge by the convenience store chain.

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Crocs takes Mosaic Brands to court for allegedly copying shoe design
Competition & Consumer Protection 2021-08-26 5:00 pm By Cindy Cameronne Sydney

US footwear company Crocs has taken Mosaic Brands to court for allegedly selling shoes that “flagrantly” copy the look of its unique 13-hole slip-on foam clogs.

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Full Court confirms no statutory liability for infringement by authorisation
Expert Insights 2021-08-25 3:11 pm By WP Creative

In a recent decision, the Full Federal Court confirmed that a trade mark owner who merely authorises use of its trade mark cannot be subject to liability for direct trade mark infringement under section 120(1) of the Trade Marks Act, writes Shelston IP’s Kathy Mytton and Sean McManis.

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Biogen wants injunction ahead of trial against Pharmacor over MS drug
Ben Mee 2021-08-25 2:25 pm By Cindy Cameronne Sydney

Swiss pharmaceutical company Biogen is seeking a court order blocking an Australian generic drug manufacturer from selling a cheap multiple sclerosis drug it claims infringes its patent for medicine Tecfidera, a court has heard.

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‘Very concerned’ judge reopens Hells Angels’ trade mark case against Redbubble
Allens 2021-08-25 1:30 pm By Bianca Hrovat Sydney

A judge has reopened the trial in Hells Angels’ trade mark case against Melbourne-based retailer Redbubble to hear allegations by the bikie gang that the online marketplace was still selling infringing products after the July hearing wrapped up.

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Broadcaster appeals Seven’s win over ‘7HD’ trade mark
Griffith Hack 2021-08-24 11:42 pm By Cindy Cameronne Sydney

A Thai broadcaster has appealed a decision by IP Australia that found its proposed 7HD trade mark was deceptively similar to the Seven television network’s mark.  

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Innovation patents: the end is nigh
Expert Insights 2021-08-23 4:29 pm By WP Creative

New standalone innovation patents will no longer be able to be filed after 25 August 2021. Patentees who wish to benefit from the innovation patent system must take steps to ensure that any complete application for an innovation patent or a standard complete application (from which they could divide out later) be filed on or before 25 August 2021, say James Lawrence and Dominique Blik of Mills Oakley.

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