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Reckitt’s ‘weak’ case dooms bid to kill Raid Max ads
Competition & Consumer Protection 2020-12-14 1:16 pm By Christine Caulfield

A judge has dismissed an attempt by a Reckitt Benckiser unit to block Raid insect spray ads by rival SC Johnson , saying the consumer goods giant had a “weak” prima facie  case based on “excessively literal and strained” interpretations of the ads.

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Judge frowns on Allergan’s ‘Botox’ trade mark lawsuit
Intellectual Property 2020-10-28 7:29 pm By Cat Fredenburgh

Botox maker Allergan has lost a lawsuit that accused an Australian cosmetics company that sells topical creams as an alternative to Botox injections of infringing its Botox trade mark.

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No relief: AFT appeals Reckitt-Benckiser win over Maxigesic ads
Competition & Consumer Protection 2020-10-21 4:12 pm By Christine Caulfield

The maker of pain killer Maxigesic is taking its long-running battle with Nuromol manufacturer Reckitt Benckiser to an appeals court after a recent ruling that its advertising misled consumers by claiming Maxigesic provided better, faster and more effective pain relief than paracetamol or ibuprofen.

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Merck Sharp & Dohme settles trade mark spat with German drug company
Intellectual Property 2020-10-05 12:45 pm By Cat Fredenburgh

US drug company Merck Sharp & Dohme has settled trade mark litigation brought by German drug maker Merck KGaA alleging it violated a 1970 agreement by using the “Merck” mark in Australia.

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Further pain for AFT as court finds new Maxigesic ads misleading
Competition & Consumer Protection 2020-08-04 4:18 pm By Miklos Bolza

AFT Pharmaceuticals has suffered another blow over its Maxigesic advertisements, with a judge finding the marketing material misled consumers by claiming to provide better, faster and more effective pain relief than paracetamol or ibuprofen.

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Dentons can’t block use of info from its class action in latest toxic foam case by Shine
Class Actions 2020-06-30 4:47 pm By Cat Fredenburgh

Shine Lawyers has been given the go ahead to use two reports produced in three settled PFAS class actions as evidence in its latest case over the Defence Department’s firefighting foam, with a judge saying any implied undertaking not to re-use the material lost force when the information became public.

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‘A significant inequality of arms’: Funding led to better outcome in PFAS class action, judge says
Class Actions 2020-06-09 3:00 pm By Alison Eveleigh

The judge overseeing three class actions against the Commonwealth over its use of allegedly toxic firefighting foam, which have settled for $212.5 million, said backing by a litigation funder led to a better outcome for group members, who would otherwise have been in the disadvantaged position of “supplicants requesting compensation”.

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Judge approves $212.5M toxic foam class action settlement
Class Actions 2020-06-05 9:46 pm By Alison Eveleigh

A judge has given his blessing to a landmark $212.5 million settlement of three class actions over the use of allegedly toxic firefighting foam at government military bases despite a “large number” of objections.

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Toxic foam class action settlement hearing runs to second day, with ‘unusual’ number of objections
Class Actions 2020-06-04 8:25 pm By Alison Eveleigh

The settlement of three class actions brought against the Commonwealth of Australia over its alleged use of toxic firefighting foam on government military bases is facing an unusually high number of objections, pushing an approval hearing into a second day as dissenters voice their concerns in court.

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‘More extraordinary by the moment’: Reckitt slams AFT bid to reopen Maxigesic case
Competition & Consumer Protection 2020-06-03 3:46 pm By Miklos Bolza

AFT Pharmaceuticals is seeking to reopen a lawsuit against Reckitt Benckiser over ads for its painkiller Maxigesic after judgment was delivered in the matter, claiming the judge’s declarations contained an error, an argument slammed by Reckitt as “extraordinary”.

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