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Caterpillar wins fight over Puma’s Procat trade mark
Intellectual Property 2021-08-27 10:11 pm By Cindy Cameronne

US machinery manufacturer Caterpillar has won its appeal of a decision approving sportswear brand Puma’s ‘Procat’ trade mark application, with a judge finding “a significant number” of consumers might be confused by the mark.

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Norton Rose must face damages with ‘substantial sting’, ex-partner says
Employment 2021-08-26 7:24 pm By Miklos Bolza

A former Norton Rose Fulbright partner locked in a six-year legal battle with the firm has urged the Full Court to allow a $160,000 damages award in his favour to be recalculated, saying it did not provide enough “sting”, amounting to just $1,500 per partner.

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CBA slams class action’s ‘shameless’ attempt to obtain CEO’s emails
Class Actions 2021-08-26 2:13 pm By Bianca Hrovat

The Commonwealth Bank of Australia has slammed an attempt by a class action to “trawl through” its Chief Executive Officer’s emails in search of correspondence regarding it decision to rebate commissions grandfathered by the Future of Financial Advice reforms.

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Judge finds NSW environmental regulator has ‘duty’ to address climate change
Climate change 2021-08-26 10:15 pm By Cindy Cameronne

The NSW Environment Protection Authority must develop policies to protect the environment from the threat of climate change, a judge has found in a significant victory for climate advocates.

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Santos accused of misleading market by ‘greenwashing’ natural gas claims
Environment 2021-08-26 6:20 pm By Bianca Hrovat

Leading Australian oil and gas producer Santos is accused of misleading the market by “greenwashing” its environmental credentials in a landmark shareholder-led lawsuit filed in the Federal Court.

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NAB cops $18.5M fine for failing to disclose adviser fees
Financial Services 2021-08-26 10:47 am By Cindy Cameronne

National Australia Bank has been hit with a $18.5 million fine after admitting to allegations by ASIC that it failed to adequately disclose its adviser fees for five years.

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Judge says Nine’s ‘pride or ego’ only reason for alleged defamatory articles staying online
Defamation 2021-08-25 6:10 pm By Cindy Cameronne

A judge overseeing a Papua New Guinean politician’s defamation lawsuit has criticised Nine’s refusal to take down two allegedly defamatory articles ahead of a delayed trial, saying there was no reason to keep them online except for the publisher’s “pride or ego”.

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‘Very concerned’ judge reopens Hells Angels’ trade mark case against Redbubble
Intellectual Property 2021-08-25 1:30 pm By Bianca Hrovat

A judge has reopened the trial in Hells Angels’ trade mark case against Melbourne-based retailer Redbubble to hear allegations by the bikie gang that the online marketplace was still selling infringing products after the July hearing wrapped up.

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Biogen wants injunction ahead of trial against Pharmacor over MS drug
Intellectual Property 2021-08-25 2:25 pm By Cindy Cameronne

Swiss pharmaceutical company Biogen is seeking a court order blocking an Australian generic drug manufacturer from selling a cheap multiple sclerosis drug it claims infringes its patent for medicine Tecfidera, a court has heard.

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Fraud cross-claims struck out in Mach Energy suit over Mount Pleasant coal mine
Competition & Consumer Protection 2021-08-25 6:28 pm By Bianca Hrovat

A judge has struck out allegations of fraud in a cross-claim brought by the operator of a NSW open-cut coal mine, which accused several contractors of knowingly understating the time and cost of expansion works to the tune of $52 million.

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