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Funder in Murray Goulburn class action seeks 28% cut
Class Actions 2018-12-11 1:28 pm By Cat Fredenburgh

The funder that’s bankrolling a shareholder class action against Murray Goulburn is seeking court approval for a funding agreement under which it would get a 28 per cent cut of any settlement.

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D’Aquino Bros says it can prove its Scotch Whisky is the real deal
Intellectual Property 2018-12-10 9:01 pm By Christine Caulfield

Defending against a fourth trade mark infringement lawsuit by the UK’s Scotch Whisky Association, Australian liquor retailer D’Aquino Bros has told a court all of its Scotch Whisky was distilled in Scotland, and it has the paperwork to prove it.

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In tossing Made In Australia case, court clarifies ‘substantial transformation’ test
Competition & Consumer Protection 2018-12-03 8:49 pm By Miklos Bolza

A court has ruled that Chinese vitamin company Nature’s Care cannot sell its imported fish oil and vitamin D with the ‘Made in Australia’ logo because the product fails to meet the required country-of-origin labelling provisions.

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Major dairy players to tweak contracts to address ACCC concerns
Consumer Goods 2018-12-03 12:36 pm By Cat Fredenburgh

Five dairy processors have agreed to make changes to their supply contracts to address the ACCC’s concerns that certain terms were unfair to dairy farmers.

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Nestle unit wins patent for internet-connected coffee machine
Intellectual Property 2018-11-27 12:57 pm By Cat Fredenburgh

A unit of Nestle unit has defeated an opposition to a patent for an internet-connected coffee machine that would allow users to read news and weather while making their morning coffee.

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ASIC seeks provisional liquidators for Chinese bottled water co.
Restructuring & Insolvency 2018-11-26 10:44 am By Cat Fredenburgh

ASIC wants provisional liquidators appointed to Chinese bottled water supplier Tianmei Beverage to determine whether the company has breached the Corporations Act and should be wound up, just two years after the company went public.

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Foodora ordered to pay rider $15,600 in landmark unfair dismissal case
Employment 2018-11-16 11:55 pm By Cat Fredenburgh

A Foodora delivery rider has won $15,600 in an unfair dismissal case hailed as a test case for the gig economy, with the Fair Work Commission finding the rider was an employee, not an independent contractor of the failed company.

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Acai berry co. ends case alleging Aussie duo stole Amazon narrative
Competition & Consumer Protection 2018-11-14 10:58 pm By Christine Caulfield

California-based acai berry company Sambazon Inc. has resolved legal action that accused its former Australian distributors of co-opting the company’s Amazonian narrative to promote a competing business.

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Common shapes don’t distinguish Italian meat co.’s trade mark, delegate finds
Intellectual Property 2018-11-12 3:22 pm By Cat Fredenburgh

Italian meat producer A.I.A. has lost its opposition to a trade mark application by competing salumi manufacturer Borgo, with the Registrar of Trade marks finding commonplace geometrical forms in trade marks that also feature a distinctive word are insufficient to distinguish a mark.

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Domino’s, Precision Tracking lay down swords in battle over GPS patents
Intellectual Property 2018-10-22 11:57 am By Cat Fredenburgh

Domino’s Pizza and Precision Tracking have reached a settlement on the eve of trial in a hard-fought battle by the US pizza giant to invalidate two of the Australian tech startup’s patents covering a GPS system that helps customers locate delivery drivers in real-time.

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