The reputation of a registered trade mark and its owner is not relevant in assessing the deceptive similarity of a challenged mark, the High Court has found, clarifying the test for infringement under a section of the Trade Marks Act.
A class action against Bayer over its Essure contraceptive has lost a bid to knock out the pharmaceutical giant’s defence that argues any defects in the device could not have been discovered given the state of scientific knowledge at the time the implants were sold in Australia.
Boutique law firm Barry Nilsson has snagged five senior lawyers, including a partner, from Sparke Helmore to join its Adelaide insurance team as part of a broader expansion strategy.
A class action against Bayer over its Essure device has won court approval to add new allegations, including that the contraceptive caused sexual dysfunction, with a judge finding the new claims could not have taken the German drug maker by surprise.
A Melbourne doctor who was not allowed to work from home following an injury has lost his disability discrimination suit against his former employer, and was ordered to pay over $570,000 to the practice for his absences.
A class action filed on behalf of women injured by allegedly defective pelvic mesh products has reached a settlement with the insurer of defunct device maker TFS Manufacturing.
The High Court has declined HarperCollins’ special leave application seeking to appeal a decision that revived a psychiatrist’s defamation case over a book about the controversial deep sleep therapy at the Chelmsford Private Hospital in the 1970s.
Sixteen law firms and accounting firms have thrown their hat in the ring to administer a $300 million settlement in two class actions against Johnson & Johnson over pelvic mesh devices that injured thousands of women.
A contradictor appointed in two pelvic mesh class actions against Johnson & Johnson has blasted a $300 million settlement, calling it “massively” short of what is owed to group members, after a judge preliminarily found the sum was not fair and reasonable.
Australia’s largest private health insurer Medibank has flagged an application to stay a landmark data breach class action filed in the Federal Court, as another law firm mulls a class action over the massive breach.