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Not a nice finish for Stone & Wood in trade mark case
Competition & Consumer Protection 2018-03-09 9:34 pm By Cat Fredenburgh Melbourne

An interstate trademark and passing off battle between craft beer makers has ended with a full bench of the Federal Court dismissing an appeal by Bryon Bay’s Stone & Wood brewers against a ruling in favor of Brunswick-based Elixir.

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Qantas wins approval for “Qantas Assure” trade mark
Intellectual Property 2018-03-09 8:51 pm By Cat Fredenburgh Melbourne

Qantas has successfully defended against a challenge to its bid to trade mark the term “Qantas Assure”, with the Registrar of Trade marks saying the inclusion of the notorious Qantas mark in the term made consumer confusion unlikely.

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Industry groups appeal FWC approval of CFMEU merger
Construction 2018-03-09 6:59 pm By Cat Fredenburgh Melbourne

Industry groups filed an appeal yesterday of a Fair Work Commission decision that granted approval to the merger of the Construction, Forestry, Mining and Energy Union with two other unions.

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Cargill’s talks with Allens stay privileged in Viterra case
Agriculture 2018-03-08 9:50 pm By Cat Fredenburgh Melbourne

Viterra Malt has come up short in a second bid to access communications between Cargill Australia and its lawyers, in a case alleging fraudulent concealment by Viterra in its $420 million sale of malt producer Joe White Maltings to Cargill Australia in 2013.

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Campbell Soup can’t trade mark “Fruits and Roots”
Intellectual Property 2018-03-08 9:39 pm By Cat Fredenburgh Melbourne

Campbell Soup Co. has lost its bid to trade mark the phrase “Fruits and Roots” for beverages, with an IP Australia delegate saying the food giant had not proven the mark could distinguish its products.

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Fairfax loses fight to block realestate.com.au trade mark
Intellectual Property 2018-03-08 9:24 pm By Cat Fredenburgh Melbourne

Fairfax Media has lost a bid to stop online property advertising company REA Group from trademarking its web address realestate.com.au.

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ASIC brings action against Antares Energy, ex-CEO
Energy & Natural Resources 2018-03-08 4:52 pm By Christine Caulfield Melbourne

The securities regulator is going after failed oil prospector Antares Energy and its former chief executive James Cruickshank after they told investors about offers for its oil and gas interests in western Texas that never materialised.

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Shine sets sights on new target in pelvic mesh class action
Healthcare 2018-03-08 3:18 pm By Cat Fredenburgh Melbourne

As Shine Lawyers awaits judgment in a marathon class action against Johnson & Johnson over its pelvic mesh implants, a separate class action by the firm kicked into gear Wednesday when a judge gave the ok to serve court papers on US-based American Medical Systems.

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Judge says Bohemia trademark not distinctive
HWL Ebsworth Lawyers 2018-03-07 8:52 pm By Christine Caulfield Melbourne

The official exporter of crystal from the Czech Republic has lost a battle with an Australian catering company over the exclusive rights to the name Bohemia Crystal.

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Overlapping case dooms Visy bid to restart FWC action
Employment 2018-03-07 8:48 pm By Christine Caulfield Melbourne

Recycling giant Visy has lost an appeal of a decision to halt unfair dismissal claims by two employees while the company’s Federal Court action over workplace strikes proceeds.

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