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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

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

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

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

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

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

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

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

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

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

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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