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‘Excessive’ costs by Nando’s top tier law firm for simple exam chopped by 72%
Franchises 2023-04-27 11:16 pm By Christine Caulfield

The costs billed by Nando’s Australia’s law firm for work on a “straightforward” judgment debtor examination of a franchisee — totalling almost a fifth of the debt — have been slashed, with a court finding the costs manifestly excessive.

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IP Australia shreds cheese makers’ opposition to ‘parmesan’ trade mark
Intellectual Property 2023-04-27 10:00 pm By Cat Fredenburgh

A consortium of parmigiano reggiano producers has lost its opposition to registration of a parmesan trade mark in Australia by an international group dedicated to protecting common names from being monopolised.

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Facebook ad shows use of ‘Motherland’ trade mark, High Court told
High Court 2023-04-24 10:55 pm By Cindy Cameronne

The High Court has been asked to weigh in on whether online ads targeting Australian consumers can be the basis for a trade mark registration, in a long-running intellectual property spat between the maker of Mother Energy drinks and Vittoria Coffee over their respective ‘mother’ marks.

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Vittoria can’t transfer IP spat over Moccona instant coffee jar
Intellectual Property 2023-04-17 4:11 pm By Christine Caulfield

Coffee brand Vittoria can’t transfer a case over the trade mark for rival Moccona’s instant coffee jar from one Federal Court registry to another, with a judge reminding the company that the court was “well into the 21st century” and could livestream hearings without the need for interstate travel.

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Monster Energy hit with patent infringement suit over branded pull tabs
Intellectual Property 2023-04-13 2:48 pm By Sam Matthews

Monster Energy has been sued by an inventor who claims that the beverage giant infringed his patent for laser etched pull tabs like those used to package its energy drinks.

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Moccona’s instant coffee jar trade mark should be cancelled, Vittoria says
Intellectual Property 2023-04-05 12:25 pm By Sam Matthews

Moccona’s instant coffee jar shape trade mark should be cancelled because the mark is functional and can’t distinguish the company’s goods, the owner of coffee brand Vittoria argues in a trade mark infringement cross-claim.

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Bellamy’s says ex-CEO sacked for poor performance, not discrimination
Employment 2023-04-03 11:03 pm By Cindy Cameronne

Baby food producer Bellamy’s has hit back at a $400,000 lawsuit by its former chief executive officer, saying she was sacked because of “poor financial performance” and not because she complained about sex discrimination. 

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Judge rejects bid for second opt out notice in Merivale class action
Class Actions 2023-03-27 3:27 pm By Sam Matthews

A judge overseeing a $129 million underpayments class action against hospitality giant Merivale has rejected a bid for a second round of opt out notices, finding that even if the first round went straight to employees’ junk or spam folders, it did not follow that they had not been read.

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Chocolatier Koko Black takes rival to court for TM infringement
Intellectual Property 2023-03-23 9:12 pm By Christine Caulfield

Artisanal chocolate brand Koko Black has brought legal action against rival chocolate maker Kokopod and its owner, alleging they are infringing on Koko Black’s trade marks.

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Drink rivals mull High Court appeals after losing ‘Mother’ of all trade mark disputes
Intellectual Property 2023-03-22 2:11 pm By Cindy Cameronne

The owners of Mother energy drinks and Vittoria Food & Beverage have both lost their challenges to each other’s ‘Motherland’ and ‘Mothersky’ trade marks and are considering taking the long-running stoush to the High Court. 

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