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”.
Gaming and entertainment giant Konami has lost a bid to amend its defence in a patent case by rival Aristocrat Technologies on the second day of a damages hearing, with the judge finding the changes were contrary to the interests of justice and would require postponing the trial until late next year.
Aristocrat Technology has gone “too far” in seeking full profits from the sale of Konami Australia’s infringing pokie machines, with Konami arguing the court should calculate damages in relation to what proportion of its machines were created using components that infringe the gaming giant’s patent.
Sydney’s Down N’ Out Burgers has rejected claims that it appropriated the trade mark of US burger chain In-N-Out, telling a court at the close of trial that the founders were inspired by the success of the American company but wanted to evoke the idea of Sin City, not speedy service.
A Federal Court judge has apologised for “upsetting the applecart” and taking “too long” to publish his judgment in the consumer regulator’s case against GlaxoSmithKline and Novartis over packaging for now discontinued painkiller Osteo Gel.
GlaxoSmithKline has defeated claims by the ACCC that revised packaging for its now-discontinued pain killer Osteo Gel misled consumers. The drug maker will face penalties for earlier violations it admitted to, but the court hinted the damages will be nowhere near the $6 million competitor Reckitt Benckiser faced in a similar case.
A case simultaneously challenging IP Australia’s decisions to accept, grant and certify an innovation patent owned by one of Australia’s biggest building product companies has been withdrawn, a court has heard.
The Full Federal Court has shot down a challenge by Japanese electronics company Nichia Corp. to a ruling that Arrow Electronics did not infringe its patent for a white light emitting device.
A month after Network 10 vowed to fiercely defend against a trade mark infringement case by Fairfax Media over its new ’10 Boss’ logo, the TV broadcaster has agreed to drop the name.
The Commissioner of Patents will seek to toss a case simultaneously challenging its decisions to accept, grant and certify an innovation patent owned by one of Australia’s biggest building product firms.