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‘Mother’ consumers know best: IP Australia shuts down Monster Energy’s trade mark opposition
Intellectual Property 2019-11-08 11:32 pm By Cat Fredenburgh

Monster Energy has lost its opposition to coffee company Vittoria Food & Beverage’s proposed ‘Mothersky’ trade mark, with a delegate of the Trade Marks Office saying the energy drink company’s ‘Mother’ energy drink brand was so strong in the minds of consumers that there was no likelihood of confusion.

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Domino’s can’t block funder from viewing unredacted docs in class action
Class Actions 2019-11-05 1:58 pm By Miklos Bolza

The Federal Court has rejected an “unusual” confidentiality regime proposed by Domino’s Pizza Enterprises which would have resulted in restricted access to discovered documents for the funder backing the class action against the global fast food giant.

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Mexican chain tries to block Taco Bell’s Australian expansion
Intellectual Property 2019-11-01 12:18 pm By Cat Fredenburgh

A Mexican restaurant franchise is waging a high-stakes courtroom battle to block US fast food giant Taco Bell from moving ahead with plans to set up shop in Victoria and NSW.

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a2 Milk looks to turn trade mark losses around in Federal Court
Intellectual Property 2019-10-28 10:54 am By Cat Fredenburgh

The a2 Milk Company has filed a challenge to a competitor’s winning bid to trade mark a phrase containing “a2”, its third lawsuit in Federal Court looking to reverse losses before the Trade Marks Office. 

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Monster Energy fights removal of ‘mother’ trade mark
Intellectual Property 2019-10-25 5:37 pm By Cat Fredenburgh

Beverage giant Monster Energy has launched a Federal Court challenge to the removal of its ‘mother loaded iced coffee’ trade mark, part of a portfolio of Mother energy drink-related marks acquired from Coca Cola in 2015.

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Bean there, done that: Lavazza says it used ‘oro’ trade mark before Vittoria
Intellectual Property 2019-10-22 11:14 pm By Cat Fredenburgh

Italian coffee manufacturer Lavazza has hit back against an infringement case brought by Australian rival Vittoria over two Oro trade marks, saying Vittoria’s rights over the marks should be revoked and claiming four decades of prior continuous use of its own unregistered mark.

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UDP wins $25M from insurers over doomed 5 Star Foods deal
Corporate 2019-10-10 5:27 pm By Miklos Bolza

Hong Kong-based UDP was entitled to $25 million from its insurers after losing more than $30 million from its disastrous acquisition of dairy conglomerate 5 Star Foods, which had been secretly overcharging one of its biggest customers, food giant Lion Nathan Group.

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Full Court finds Bellamy’s cost-capping appeal ‘not strong’, but denies indemnity costs
Class Actions 2019-10-07 4:53 pm By Miklos Bolza

A failed challenge by baby food maker Bellamy’s Australia to a decision rejecting its application to limit legal costs in two class actions was “not strong”, but was not so unreasonable as to put them on the hook for indemnity costs, the Full Federal Court has ruled.

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Fair Work Ombudsman ‘very concerned’ about Subway’s non-compliance
Employment 2019-10-01 8:11 pm By Amelia Birnie

The Fair Work Ombudsman says she is “very concerned” by the level of non-compliance with workplace laws by national sandwich franchise Subway, as inspectors recover another $80,000 in unpaid wages on behalf of more than 150 employees.

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Yes whey: ACCC signs off on Saputo-Lion dairy acquisition
Competition & Consumer Protection 2019-09-26 12:30 pm By Amelia Birnie

The competition watchdog has given Canadian dairy producer Saputo the green light to acquire Australian competitor Lion Dairy’s cheese processing plants, but has warned any further consolidation in the Tasmanian dairy sector would cause significant concern.

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