The Supreme Court of Victoria has considered whether an insured buyer under a warranty and indemnity policy is entitled to indemnity from an insurer when it relied on income and liability warranties in a share sale agreement and those warranties were breached, a case that provides welcome guidance on the contractual interpretation of W&I policies, writes Justin McDonnell and Rebecca LeBherz of King & Wood Mallesons.
Monster Energy has launched another Federal Court case against Vittoria Food & Beverage seeking to block the coffee maker from trading on the popularity of its Mother energy drink brand, and the beverage giant will have to convince the court that its brand is not so strong that confusion among consumers is not likely.
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.
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.
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.
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.
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.
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.
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.
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.