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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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Noumi in talks with ASIC on penalty for continuous disclosure breaches
Securities 2023-12-01 1:38 pm By Cindy Cameronne

Food manufacturer Noumi is trying to reach agreement with the Australian Securities and Investments Commission on a penalty to propose to the court for violating its continuous disclosure obligations by overstating the value of inventory.

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Yoghurt maker Moo removes ‘100% ocean plastic’ claim from tubs
Competition & Consumer Protection 2023-11-28 1:39 pm By Christine Caulfield

Moo Premium Foods has agreed to remove claims from its yoghurt tubs that the packaging is made from 100% ocean plastic, following an investigation by the ACCC as part of the regulator’s crackdown on greenwashing.

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Rival class action to be filed against KFC over rest breaks
Class Actions 2023-11-17 3:31 pm By Cindy Cameronne

A leading plaintiff law firm will file a competing class action against KFC before the end of the year alleging the fast food giant denied workers rest breaks, after Gordon Legal filed a group proceeding late last month, a court has heard.

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Union succeeds in excluding members from McDonald’s class action
Class Actions 2023-11-17 11:27 pm By Cindy Cameronne

A union has partially won a bid to exclude thousands of current and former members from a class action against McDonald’s, after losing a challenge that sought to ban all Fair Work group proceedings.

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‘Harry is not Barry’: McDonald’s loses trade mark case against Hungry Jack’s
Intellectual Property 2023-11-16 9:50 am By Cat Fredenburgh

A judge has rejected McDonald’s claim that Hungry Jack’s Big Jack burger infringed its Big Mac trade mark, but found that Hungry Jack’s misled consumers by boasting that its burger had 25 per cent more beef.

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United class action wins fight against ‘stultifying’ security bid
Franchises 2023-11-03 11:43 pm By Sam Matthews

A franchisee class action against United Petroleum over the installation of allegedly loss-making Pie Face stores at its franchise sites has succeeded in fending off the petrol company’s bid for security, with a judge agreeing it would have a chilling effect on the unfunded case.

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Melbourne’s Block Arcade accused of infringing iconic tea room’s trade marks
Intellectual Property 2023-10-27 9:12 pm By Cindy Cameronne

The owner of Melbourne’s iconic Hopetoun Tea Rooms, which opened its doors in the Block Arcade in 1892, has sued the historic shopping arcade for allegedly mimicking its business by opening a near-identical cafe in the same location.

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Law firm beats rival to courthouse with KFC class action
Employment 2023-10-26 2:34 pm By Christine Caulfield

KFC has been served with a class action for allegedly denying workers rest breaks, just two days after a law firm announced it had launched an investigation into the fast-food giant’s break policy.

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