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Cantarella loses ‘Oro’ mark on Vittoria coffee in spat with Lavazza
Intellectual Property 2023-10-20 3:11 pm By Cindy Cameronne

Vittoria’s Cantarella Bros has lost its long-running trade mark stoush with Italian rival Lavazza after a judge found the coffee manufacturer’s two registered ‘Oro’ marks should be cancelled because the word was previously used by another coffee supplier. 

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High Court won’t step in to revive Energy Beverages’ ‘Motherland’ trade mark
Intellectual Property 2023-09-18 11:11 pm By Cat Fredenburgh

The maker of Mother Energy drinks has failed to convince the High Court that it should weigh in on its long-running intellectual property spat with Vittoria Coffee, which ended in the removal of its ‘Motherland’ trade mark.

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Winner of J&J class action settlement gig beats back challenger
Class Actions 2023-09-15 11:22 pm By Cindy Cameronne

The runner-up in a contest to administer Johnson & Johnson’s $300 million settlement of two pelvic mesh class actions has lost a challenge to a decision awarding the prize to the team of Slater & Gordon, BDO and the firm of former Shine Lawyers solicitor Jan Saddler.

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Zip offered Firstmac $4M to settle trade mark suit
Intellectual Property 2023-09-13 1:52 pm By Cindy Cameronne

Buy now, pay later company Zip Co offered $4 million to settle a lawsuit by mortgage provider Firstmac alleging infringement of its ‘Zip’ trade mark which it ultimately defeated.

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Pelvic mesh law firm can’t recover $32M in interest on loan to fund class action
Class Actions 2023-08-03 11:22 am By Cindy Cameronne

Shine Lawyers has lost its bid to recover $32 million in interest on a loan it took out to run two pelvic mesh class actions against Johnson & Johnson, with a judge finding it would make a “marginal settlement less than reasonable”.

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Arrium lenders file High Court challenge over directors’ loan drawdowns
Restructuring & Insolvency 2023-07-25 3:58 pm By Cindy Cameronne

Commonwealth Bank and other lenders of Arrium have filed for special leave to appeal to the High Court after losing their latest bid to make two directors liable for allegedly misleading them about loan drawdown notices ahead of the steel company’s $2.8 billion collapse. 

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NSW government on hook for damages in light rail class action
Class Actions 2023-07-19 1:52 pm By Sam Matthews

A judge has found the state of NSW liable to compensate the lead plaintiffs in a class action brought on behalf of small businesses over the “substantial and unreasonable” interference caused by the construction of Sydney’s $3 billion light rail network, but he flagged “significant problems” in applying his findings to thousands of potential group members.

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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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Misconduct exception doesn’t apply in Uber class action privilege fight
Class Actions 2023-06-30 11:52 am By Sam Matthews

In the latest skirmish over documents in two class actions, Uber has mostly won a bid to shield almost 150 documents on the grounds of privilege, with a judge finding the misconduct exception that has previously bedevilled the rideshare giant did not apply.

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Shine’s shareholder dividends called out by J&J class action judge in fight over costs
Class Actions 2023-06-13 11:36 pm By Sam Matthews

The judge weighing the legal costs sought to be deducted from a $300 million settlement in pelvic mesh class actions against Johnson & Johnson has questioned Shine Lawyers’ bid to make group members pay $32 million in interest incurred on a loan the firm took out at “credit card” rates.

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