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Energy Beverages files ‘Mother’ of an appeal against trade mark decision
Appeals 2021-08-09 10:29 pm By Bianca Hrovat Sydney

A high-energy trade mark dispute has gone to the Federal Court after the maker of Mother energy drinks lost its bid before IP Australia to prevent a Victoria-based company from registering Kangaroo Mother as a trade mark for beverages.

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Manuka honey group in NZ loses fight against ‘Australian Manuka’ trade mark
Corrs Chambers Westgarth 2021-08-05 12:26 pm By Miklos Bolza Sydney

A New Zealand-based association representing manuka honey beekeepers has lost its opposition to an application for the ‘Australian Manuka’ trade mark by a Byron Bay honey producer, with IP Australia finding the word ‘manuka’ did not specifically refer to honey made in NZ.

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In-N-Out Burger wants trade mark suit fast-tracked amid concerns over negative reviews
Baker McKenzie 2021-08-04 7:08 pm By Bianca Hrovat Sydney

Popular American restaurant chain In-N-Out Burger is seeking to fast-track a trade mark lawsuit against an Australian food business which operates four “ghost kitchens”, citing negative reviews from allegedly misled customers.

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a2 Milk loses challenge to Nestle’s Nan A2 trade mark for baby formula
Banki Haddock Fiora 2021-08-04 11:52 am By Cindy Cameronne Sydney

New-Zealand dairy company a2 Milk has lost its opposition to registration by food and beverage giant Nestle of its NAN A2 trade mark for infant formula, with a delegate of the Trade Marks Office finding the mark was not substantially identical to a2’s logo.

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Sydney Opera House takes China trade group to court for ‘recklessly’ copying logo
Ashurst 2021-08-02 1:06 pm By Bianca Hrovat Sydney

The Sydney Opera House Trust is suing a China trade group, accusing the organisation of flagrant copyright infringement for reproducing substantial portions of the iconic landmark’s trade mark-protected sail design in its logo.

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‘Why cannot our own creations also create?’: AI can be inventor on patent, court finds
Allens 2021-07-30 12:39 pm By Cat Fredenburgh Melbourne

A judge has found artificial intelligence can be named as the inventor on a patent application, setting aside an IP Australia finding that allowing a machine to be considered an inventor would render the Patents Act incapable of “sensible operation”.

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Culture Kings steps out of the ring, resolves Mike Tyson suit over ‘misleading’ T-shirts
Competition & Consumer Protection 2021-07-29 1:42 pm By Bianca Hrovat Sydney

Streetwear retailer Culture Kings has resolved a lawsuit brought by former world boxing champion Mike Tyson alleging the company misled consumers by using his image on its T-shirts.

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In win for Abbey Labs, Elanco’s animal drug patent thrown out for lack of invention
Agriculture 2021-07-29 10:16 am By Miklos Bolza Sydney

IP Australia has refused to register a patent acquired by Elanco Australasia from Bayer covering a lice treatment, after amendments failed to address findings that the patent lacked an inventive step.

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a2 Milk urges court to register ‘slightly mysterious’ trade marks
Appeals 2021-07-27 5:00 pm By Miklos Bolza Sydney

The a2 Milk Company has urged the Federal Court to allow its ‘a2 Milk’ and ‘True a2’ trade marks to be registered, arguing they’re not merely descriptive of a protein in milk.

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Tabcorp sued for patent infringement over ‘Cash Out on Quaddie’ feature
Christian Dimitriadis 2021-07-27 3:04 pm By Miklos Bolza Sydney

Australian gambling giant Tabcorp has been hit with a lawsuit for allegedly infringing two patents with its ‘Cash Out on Quaddie’ wagering feature.

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