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Drink rivals mull High Court appeals after losing ‘Mother’ of all trade mark disputes
Appeals 2023-03-22 2:11 pm By Cindy Cameronne

The owners of Mother energy drinks and Vittoria Food & Beverage have both lost their challenges to each other’s ‘Motherland’ and ‘Mothersky’ trade marks and are considering taking the long-running stoush to the High Court. 

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Coca-Cola trade mark for lemon cartoon revoked for non-use
Food and Beverage 2023-03-17 10:00 pm By Cat Fredenburgh

An IP Australia delegate has partially revoked a Coca-Cola trade mark for a cartoon lemon acquired from Monster Energy in 2015, finding scant evidence that Hubert’s Lemonade, which features the winking lemon, has been sold in Australia.

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IPH, Latitude Financial latest victims of cyberattacks
Financial Services 2023-03-16 9:55 pm By Cat Fredenburgh

IPH Limited, which owns IP firms Spruson & Ferguson and Griffith Hack, and lender Latitude Financial have become the latest victims of cyberattacks, with the latter revealing the personal data of hundreds of thousands of customers has been stolen.

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Optus ‘Boost’ promotions halted as Boost Tel lawsuit plays out
Ed Heerey 2023-03-16 4:31 pm By Sam Matthews

Telecommunications giant Singtel Optus has been barred from promoting various products using the word ‘boost’ until an intellectual property suit brought by Boost Mobile is resolved.

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Trade mark reputation not relevant in deceptive similarity cases, High Court rules
Angus Lang 2023-03-15 3:08 pm By Christine Caulfield

The reputation of a registered trade mark and its owner is not relevant in assessing the deceptive similarity of a challenged mark, the High Court has found, clarifying the test for infringement under a section of the Trade Marks Act.

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Kanye West hit with burger shop’s costs after lawsuit thrown out
Entertainment 2023-03-14 10:53 pm By Cat Fredenburgh

Kanye West, now known as Ye, has been ordered to foot the legal bill of a small Melbourne restaurant he sued, after the lawsuit was thrown out due to the artist’s failure to meet a deadline for filing evidence.

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Moccona sues Vittoria for selling instant coffee in a jar
Davies Collison Cave 2023-03-10 2:14 pm By Sam Matthews

A trade mark stoush between the owners of coffee brands Moccona and Vittoria is “all about whether people think a jar means Moccona”, a court has heard.

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TikTok loses trade mark battle with mortgage tech startup Tic:Toc
Baker McKenzie 2023-03-09 11:47 pm By Christine Caulfield

The owner of Chinese social media giant TikTok has lost its challenge to the registration of a trade mark for home loan tech startup Tic:Toc.

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Company being sued by Peloton can’t knock out fitness mum’s ‘spin’ trademark
Intellectual Property 2023-03-07 3:57 pm By Sam Matthews

California-based fitness company Mad Dogg, which is being sued by Peloton for claiming exclusive rights to the term ‘spinning’, has lost its opposition to fitness personality the HIIT Mum’s trade mark featuring the word ‘spin’, which a delegate found was a common description of cycling classes.

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Court asked to toss Kanye West’s suit against College Dropout Burgers
Entertainment 2023-03-02 4:21 pm By Christine Caulfield

A small Melbourne restaurant facing litigation by the US rapper formerly known as Kanye West will seek to have the case dismissed on Friday after the artist failed to meet a deadline for filing evidence.

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