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AFL merch maker wins trade mark suit against US company Fanatics
Intellectual Property 2024-07-18 10:02 pm By Sam Matthews

AFL merchandise maker FanFirm has won a trade mark case against US sports merchandise giant Fanatics, with a judge finding it knew about the Australian company’s ‘Fanatics’ trade marks when it chose its corporate name.

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Origin Energy fires off cross-claim in trade mark fight
Intellectual Property 2024-07-03 11:53 pm By Sam Matthews

Energy retailer Origin Energy has hit back at a trade mark infringement suit filed by internet provider Origin Net, arguing that its mark should be revoked and accusing Origin Net of misleading and deceptive conduct. 

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Neurim’s claim for additional damages survives in Circadin patent case
Intellectual Property 2024-06-03 11:48 pm By Sam Matthews

A judge has upheld Neurim Pharmaceutical’s claim for additional damages against two generic drug companies found to have infringed its patent for insomnia drug Circadin, despite the company’s failure to comply with an earlier ruling.

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7-Eleven defeats Seven Network’s opposition to ‘7-Select’ trade mark
Intellectual Property 2024-05-03 11:51 pm By Andy Sidler

Convenience chain 7-Eleven has defeated Seven Network’s challenge to its bid to trade mark ‘7-Select’ for a new brand of products targeting younger shoppers, with an IP Australia delegate finding consumer confusion was not likely.

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After 7 years of litigation, patent for blockbuster sleep drug Circadin found valid
Intellectual Property 2024-04-18 11:21 pm By Sam Matthews

After a seven-year legal battle, a court has upheld the validity of Neurim Pharmaceutical’s patent for insomnia drug Circadin and ruled two generic drug companies infringed the intellectual property.

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Software company resists spending ‘$90,000 on a barrister’ in trade mark fight with Google
Intellectual Property 2024-04-05 11:02 pm By Christine Caulfield

The sole director of a small software company can’t act for his business in defending against an intellectual property case brought by digital titan Google, despite his plea to the court that his firm did not have the financial means to hire lawyers.

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Retrial means new trial in trade secrets case, judge says in parsing ‘ambiguous’ Full Court order
Intellectual Property 2023-10-30 11:16 pm By Sam Matthews

Construing an “ambiguous” order from the Full Federal Court, a judge has ordered a fresh trial in a trade secrets case that touched on the permissible scope of law firms’ involvement in drafting expert reports.

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Lundbeck’s decade-long damages bid against Sandoz stayed despite High Court win
Intellectual Property 2023-07-04 11:39 pm By Cindy Cameronne

Novartis unit Sandoz has won its bid to stay a case by rival Lundbeck, including orders for damages previously calculated at $26.3 million and counting, despite having succeeded at the High Court in a dispute over its patent for blockbuster antidepressant Lexapro.

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L’Oreal loses rights to use Elvive trade mark for beauty products
Intellectual Property 2023-06-13 6:00 pm By Gareth Baker

Skincare giant L’Oreal has lost the rights to use a 23-year-old trade mark for branding some of its products, after a competitor successfully campaigned IP Australia to strike it from the register for non-use. 

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Corrs Chambers not required to disclose involvement in drafting expert report: Full Court
Legal Ethics 2023-05-19 11:36 pm By Sam Matthews

An appeals court has said that while it might be desirable for law firms to disclose their involvement in drafting expert reports, they are not legally obligated to do so, overturning a finding that Corrs Chambers Westgarth went “far beyond the permissible scope” of involvement in a report prepared for a trade secrets case.

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