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City of Melbourne fights damages in parking patent case
Andrew McRobert 2020-03-05 12:28 pm By Miklos Bolza Sydney

The City of Melbourne has rejected a claim for damages for allegedly infringing a patented parking detection system created by tech firm Vehicle Monitoring Systems, saying it was not aware of the existence of two patents underlying the invention.

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Vagisil maker files appeal to halt European rival’s trade mark
Appeals 2020-03-04 9:24 pm By Cat Fredenburgh Melbourne

The maker of Vagisil feminine hygiene products has appealed a ruling that denied its bid to stop a European competitor from registering Vagisan as a trade mark in Australia.

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Otsuka, Bristol-Myers can withdraw admissions in Abilify damages case
Allens 2020-03-02 4:05 pm By Cat Fredenburgh Melbourne

A judge has granted a request by Otsuka and Bristol-Myers Squibbs to withdraw admissions in proceedings brought by Generic Health seeking damages, after the generic drug maker was temporarily blocked from selling a generic version of antipsychotic Abilify in a patent dispute in which it ultimately triumphed.

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Penfolds maker shuts down another Chinese knockoff
Food and Beverage 2020-02-28 2:34 pm By Miklos Bolza Sydney

The Australian Trade Marks Office has granted another victory to Treasury Wine Estates in its ongoing battle against Chinese firm seeking to misappropriate the Penfolds name and sell knockoff wines under similar branding in China.

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‘Cheeky’ and deceptively similar: Down N’ Out infringed In-N-Out Burger’s trade mark, judge says
Baker McKenzie 2020-02-26 7:11 pm By Miklos Bolza Sydney

An Australian burger chain launched as a tribute to the popular American burger franchise In-N-Out has lost a trade mark infringement lawsuit, with a judge finding its name choice was “deceptively similar” and “cheeky”.

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Costly IP cases could make Australian courts look bad, Dynastat patent judge says
Biopharmalex 2020-02-26 5:52 pm By Miklos Bolza Sydney

A judge overseeing patent litigation over the painkiller Dynastat has urged the parties to narrow any issues in dispute, saying the excessive amounts of money spent in these types of cases could harm public perception.

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‘Negligent’ insurance broker must pay client’s copyright settlement with Microsoft
Andrew Meagher 2020-02-24 9:17 pm By Christine Caulfield Sydney

An insurance broker breached its duties to a software company and must cover the costs of a settlement it reached with Microsoft for copyright infringement, a court has found. 

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Aussie designer did not object to Katy Perry’s use of her trade mark, court told
Corrs Chambers Westgarth 2020-02-20 4:50 pm By Miklos Bolza Sydney

Popstar Katy Perry has rejected claims of trade mark infringment by Sydney-based fashion designer Katie Perry, saying the designer “encouraged or acquiesced to” the singer’s use of her name on branded clothing sold in Australia.

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Caterpillar wins latest fight over ‘cat’ trade marks
Construction 2020-02-19 11:07 pm By Christine Caulfield Melbourne

Caterpillar has scored a victory in one of several legal challenges the construction equipment manufacturer has launched to protect its ‘cat’ trade marks, successfully opposing the registration of the ‘ironcat’ mark for tyres and auto maintenance.

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Judge allows docs despite ‘real risk’ of prosecution for ex-Directed Electronics manager
Andrew McRobert 2020-02-17 11:44 am By Miklos Bolza Sydney

A former manager of Australian electronics automotive developer Directed Electronics OE has failed to block access to certain documents in a corporate theft case, despite the Federal Court finding they gave rise to a “real and appreciable risk” of civil or criminal prosecution against him.

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