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Elanco loses appeal in animal drug patent spat with Abbey Laboratories
Intellectual Property 2024-06-17 11:07 pm By Sam Matthews

Elanco Australasia has lost its bid to appeal a finding by IP Australia that a patent acquired from Bayer covering a lice treatment for livestock lacked an inventive step.

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Hungry Jack’s wants 5 years of Big Mac sales data in spat over damages for misleading ads
Intellectual Property 2024-03-27 12:33 pm By Sam Matthews

Hungry Jack’s is seeking five years of Big Mac sales data as it readies for a fight over damages stemming from its claim that its Big Jack burger has 25 per cent more beef than the McDonald’s burger.

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‘Harry is not Barry’: McDonald’s loses trade mark case against Hungry Jack’s
Intellectual Property 2023-11-16 9:50 am By Cat Fredenburgh

A judge has rejected McDonald’s claim that Hungry Jack’s Big Jack burger infringed its Big Mac trade mark, but found that Hungry Jack’s misled consumers by boasting that its burger had 25 per cent more beef.

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‘Unjustifiable threats’: TCT Group wins patent revocation, indemnity costs against Polaris
Intellectual Property 2023-04-11 11:54 am By Sam Matthews

TCT Group has won orders revoking two patents for hinges held by Polaris IP as well as indemnity costs, with a judge finding the patentee made “unjustifiable” threats of infringement against TCT over its own brand of soft-close glass hinges.

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Trade mark reputation not relevant in deceptive similarity cases, High Court rules
Intellectual Property 2023-03-15 3:08 pm By Christine Caulfield

The reputation of a registered trade mark and its owner is not relevant in assessing the deceptive similarity of a challenged mark, the High Court has found, clarifying the test for infringement under a section of the Trade Marks Act.

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An ‘odd’ result: High Court told reputation can’t be ignored in Botox TM case
Intellectual Property 2022-12-08 4:30 pm By Cindy Cameronne

A contradictor has argued that the High Court must consider the reputation of Botox maker Allergan’s trade marks in a cosmetic company’s challenge to a judgment finding it infringed the marks by marketing its topical creams as Botox alternatives.

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As fast food titans go to trial, Hungry Jack’s says its burger ‘clever not deceptive’
Trials 2022-12-05 10:12 pm By Christine Caulfield

Trial in the battle of the buns has begun, with McDonald’s laying out a case for why its rival’s Big Jack burger infringes its trade mark, and Hungry Jack’s firing back that consumers could not confuse its flame-grilled meal with the iconic Big Mac.

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End of the road for AI inventions, as High Court rejects patent appeal
Intellectual Property 2022-11-11 6:49 am By Cat Fredenburgh

The High Court will not wade into the global debate over whether artificial intelligence inventions should receive patent protection, letting stand a Full Court judgment that overturned a landmark victory for AI pioneer Dr Stephen Thaler.

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High Court asked to decide if AI can be inventor on patent
Intellectual Property 2022-05-18 1:23 pm By Cat Fredenburgh

The High Court has been asked to wade into the debate over whether artificial intelligence can be named as an inventor on patent applications, after the Full Court overturned a landmark victory for AI pioneer Dr Stephen Thaler.

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High Court to hear Botox trade mark appeal
Intellectual Property 2022-05-18 3:42 pm By Cat Fredenburgh

The High Court has granted special leave to a cosmetic company to challenge a judgment finding it infringed Botox maker Allergan’s trade marks by marketing its topical creams as Botox alternatives.

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