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KFC loses challenge to Grill’d’s HFC trade mark
Intellectual Property 2023-12-07 10:22 pm By Sam Matthews

KFC has failed to block Grill’d’s HFC trade mark, with a judge finding the marks are not deceptively similar and that Grill’d did not act in bad faith despite parodying the fast food giant in advertising for its ‘Healthy Fried Chicken’ products. 

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PepsiCo loses dispute with ATO over royalty withholding tax
Tax 2023-12-01 11:57 pm By Cat Fredenburgh

In a victory for the ATO, a judge has found that payments made by Schweppes to PepsiCo as part of a bottling and distribution agreement, which did not expressly provide for payment of a royalty for use of the company’s IP, were royalties and should be taxed accordingly.

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ACCC wins record $15M penalty for resale price maintenance
ACCC 2023-12-01 4:07 pm By Cindy Cameronne

Power tool maker Techtronic has been ordered to pay a record $15 million penalty after admitting it told resellers to set a minimum price for Milwaukee branded products, for which it is a wholesale supplier.

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Judge won’t recuse himself from watchdog’s case against law firm directors
Business of Law 2023-12-01 1:36 pm By Cindy Cameronne

A judge has refused to disqualify himself from a case by the Victorian legal watchdog against the former directors of two law firms, saying errors by him at directions hearings in the case did not equate to bias.

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Procter & Gamble’s ’30 Minute Miracle’ dish soap claims don’t wash, court finds
Competition & Consumer Protection 2023-11-30 3:49 pm By Cindy Cameronne

Consumer goods giant Procter & Gamble Australia made misleading statements that its Fairy ‘30 Minute Miracle’ dishwashing tablet was better at cleaning than Reckitt Benckiser’s Finish Platinum Plus, but both companies made false claims about their products, a judge has found.

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Seven must produce emails exchanged with Ben Roberts-Smith’s lawyers
Defamation 2023-11-30 1:33 pm By Cindy Cameronne

An appeals court has refused to set aside subpoenas forcing Seven to produce some of the 8,600 emails it exchanged with Ben Roberts-Smith’s solicitors concerning his failed defamation case over alleged war crimes he committed in Afghanistan.

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Ex-ANZ unit hit with $5M penalty for fees-for-no-service conduct
Superannuation 2023-11-29 4:40 pm By Cat Fredenburgh

Former ANZ superannuation trustee OnePath Custodians has been hit with a $5 million penalty for charging superannuation members more than $4 million in fees that it was not entitled to.

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Ben Roberts-Smith hit with indemnity costs for failed defamation case
Defamation 2023-11-28 5:30 pm By Cat Fredenburgh

Ben Roberts-Smith has been hit with indemnity costs for his failed defamation case over articles accusing him of war crimes, with a judge agreeing with the publishers that the former SAS corporal knew the allegations were substantially true.

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Settlement offer not inadmissible in case against law firm, judge says
Professional Negligence 2023-11-24 11:52 pm By Sam Matthews

A judge has ruled that a settlement offer made in a case can be adduced into evidence in a construction company’s suit against its former lawyers, finding that the offer was not covered by without penalty privilege.

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Mercer Financial hit with $12M penalty for fees-for-no-service conduct
Financial Services 2023-11-23 3:13 pm By Sam Matthews

A judge has ordered wealth manager Mercer Financial Advice to pay a $12 million penalty for “extremely serious” fees-for-no-service conduct and breaches of its fee disclosure obligations, in a case brought by the Australian Securities and Investments Commission. In the case, filed in June last year,  ASIC alleged that Mercer charged 761 customers a total…

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