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Peloton files lawsuit over rival’s ‘spinning’ trade mark ahead of launch in Australia
Ashurst 2021-03-11 1:19 pm By Cat Fredenburgh Melbourne

The company behind the Peloton interactive exercise bike, which has amassed a cult following in the US during the coronavirus pandemic, has taken legal action against a California-based fitness company seeking the removal of its ‘spinning’ trade mark ahead of Peloton’s planned launch in Australia.

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Katy Perry ‘cannot avoid discovery process’ in trade mark dispute, court told
Corrs Chambers Westgarth 2021-03-11 11:49 am By Cindy Cameronne Sydney

A fight is brewing over allegedly deficient discovery provided by pop star Katy Perry in her trade mark dispute with Sydney fashion designer Katie Perry, with a judge hearing that text messages from the singer’s phone that may be relevant to the case have not been handed over.  

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Can artificial intelligence be named inventor of a patent? Federal Court to rule
Allens 2021-03-10 5:48 pm By Miklos Bolza Sydney

The Federal Court is set to determine whether artificial intelligence can be the inventor of a patent, after an AI pioneer filed a challenge to 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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Sandoz cross-claim seeks to block Merck Sharp & Dohme’s Januvia patent extension
Clare Cunliffe 2021-03-09 1:51 pm By Miklos Bolza Sydney

Generic pharmaceutical company Sandoz has hit back in an intellectual property lawsuit by Merck Sharp & Dohme, filing a cross-claim that seeks to undo an extension of time granted to the US drug manufacturer for a patent relating to its multibillion dollar Januvia and Janumet diabetes drugs.

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Full Court to hear another appeal over computer-implemented invention
Appeals 2021-03-04 2:58 pm By Cat Fredenburgh Melbourne

The Full Federal Court has been asked to consider an appeal of a judge’s ruling backing the position of the Commissioner of Patents that two patents for a computer-implemented invention did not describe a manner of manufacture and should be revoked.

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V Energy maker accuses market newcomer of infringing its ‘V’ trade marks
Food and Beverage 2021-03-03 5:45 pm By Cindy Cameronne Sydney

The manufacturer of V Energy drinks has taken a competitor to court for allegedly infringing its unregistered “V” trade mark and engaging in misleading and deceptive conduct.

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Judge says separate questions are ‘fraught’ but allows hearing in Pizzeys client poaching dispute
Barry Nilsson Lawyers 2021-03-02 12:09 pm By Spencer Fowler Steen Melbourne

A judge has allowed a hearing on separate questions concerning the validity of a non-compete agreement in a lawsuit brought against two patent lawyers who jumped ship by boutique IP firm Pizzeys Patent and Trade Mark Attorneys, despite expressing concerns that “separate questions are fraught”.

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Young Rich Lister’s company hit with trade mark lawsuit
Holding Redlich 2021-02-26 5:27 pm By Cindy Cameronne Sydney

A company run by an AFR Young Rich Lister has been taken to court for allegedly infringing an Indigenous-owned entrepreneurship coaching company’s trade mark. 

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Fonterra loses lawsuit seeking to halt use of ‘Bega’ trade mark
Arnold Bloch Leibler 2021-02-25 8:08 pm By Spencer Fowler Steen Melbourne

A judge has rejected Fonterra’s bid to restrain Bega from using the Bega trade mark on packaging for peanut butter and nut products as well as Bega’s counterclaim alleging Fonterra failed to invest, promote and develop new Bega products in breach of their trade mark agreement.

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Maurice Blackburn defeats case by State Street over Fearless Girl replica
Colin Golvan 2021-02-25 7:59 pm By Miklos Bolza Sydney

Law firm Maurice Blackburn has successfully defended a consumer law and intellectual property lawsuit brought over its use of a replica of the famous Fearless Girl statue by US financial services giant State Street Global Advisors.

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