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Judge tosses Caltex trade mark case, says Chevron does not own colour red
Addisons 2021-06-08 9:57 pm By Miklos Bolza Sydney

Chevron has mostly failed in its lawsuit accusing Australian petrol station company Ampol of infringing its Caltex trade marks, with a judge finding that Chevron’s case sought exclusive use over the colour red and was “at odds with commercial sense”.

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Greenpeace wins IP stoush with AGL over ‘satirical’ campaign
Ashurst 2021-06-08 9:52 pm By Christine Caulfield Melbourne

A judge has thrown out trade mark infringement claims brought by AGL against Greenpeace for using the energy company’s logo in a public campaign labelling it “Australia’s biggest climate polluter”.

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The Beatles hitmaker EMI can’t block ‘Abbey Road’ trade mark
By George Legal 2021-06-04 3:45 pm By Miklos Bolza Sydney

The Beatles hit producer EMI has lost its “ambitious” opposition to Australian craft company Spotlight registering ‘Abbey Road’ as a trade mark for its yarn products.

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Kraft to pay Bega $9.25M to resolve peanut butter trade dress battle
Bega 2021-06-03 4:22 pm By Cat Fredenburgh Melbourne

Kraft has agreed to pay Bega $9.25 million as part of a settlement resolving a long-running battle over peanut butter trade dress rights, after the US consumer goods giant exhausted all its options for appealing a ruling that found Bega had acquired the rights to the trade dress.

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Judge warns ‘enough’s enough’ in fight for damages over delayed Abilify generic
Allens 2021-06-03 10:52 am By Cat Fredenburgh Melbourne

A judge has given Generic Health more time to file its evidence in a multimillion-dollar dispute with drug makers Otsuka and Bristol-Myers Squibbs over the delayed launch of generic versions of their antipsychotic drug Abilify, but warned there had to be a cut-off point for preparing the decade-long dispute for trial.

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Sparke Helmore wins fight over law firm subpoenas in fee dispute with Nick Scali
Acting Justice Monika Schmidt 2021-06-02 4:19 pm By Christine Caulfield Melbourne

Furniture retailer Nick Scali Ltd must respond to subpeonas served by law firm Sparke Helmore seeking files held by the company’s new firm, Allens, in a case over $500,000 in unpaid fees that alleges CEO Anthony Scali knowingly gave false instructions to his solicitors.

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ClubsNSW can use docs in money laundering whistleblower’s lawsuits
Andrew Harding 2021-06-01 8:35 pm By Miklos Bolza Sydney

The association behind over 1,300 clubs in NSW has won court permission to use documents produced in its breach of confidentiality lawsuit against whistleblower Troy Stolz in two other proceedings brought by the former compliance auditor for Fair Work contraventions, defamation and workers compensation.

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‘So much argued over so little’: Judge rejects law firm’s bid for indemnity costs in Fearless Girl case
Colin Golvan 2021-05-31 11:13 pm By Cat Fredenburgh Melbourne

Maurice Blackburn has lost its bid for indemnity costs after defeating a consumer and intellectual property lawsuit brought against it by US financial services giant State Street Global Advisors for displaying a replica of the famous Fearless Girl statue.

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Clive Palmer not gonna take it: Appeal filed in Twisted Sister copyright case
Alexander Law 2021-05-31 1:57 pm By Christine Caulfield Melbourne

Billionaire Clive Palmer is challenging a ruling that he pay $1.5 million in damages to Universal Music for violating the copyright on Twisted Sister’s ‘We’re Not Gonna Take It’ in a tune for his political ads, saying he should pay only $1 in nominal damages.

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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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