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Caterpillar wins fight over Puma’s Procat trade mark
Intellectual Property 2021-08-27 10:11 pm By Cindy Cameronne

US machinery manufacturer Caterpillar has won its appeal of a decision approving sportswear brand Puma’s ‘Procat’ trade mark application, with a judge finding “a significant number” of consumers might be confused by the mark.

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CBA slams class action’s ‘shameless’ attempt to obtain CEO’s emails
Class Actions 2021-08-26 2:13 pm By Bianca Hrovat

The Commonwealth Bank of Australia has slammed an attempt by a class action to “trawl through” its Chief Executive Officer’s emails in search of correspondence regarding it decision to rebate commissions grandfathered by the Future of Financial Advice reforms.

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Judge finds NSW environmental regulator has ‘duty’ to address climate change
Climate change 2021-08-26 10:15 pm By Cindy Cameronne

The NSW Environment Protection Authority must develop policies to protect the environment from the threat of climate change, a judge has found in a significant victory for climate advocates.

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Crocs takes Mosaic Brands to court for allegedly copying shoe design
Intellectual Property 2021-08-26 5:00 pm By Cindy Cameronne

US footwear company Crocs has taken Mosaic Brands to court for allegedly selling shoes that “flagrantly” copy the look of its unique 13-hole slip-on foam clogs.

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Santos accused of misleading market by ‘greenwashing’ natural gas claims
Environment 2021-08-26 6:20 pm By Bianca Hrovat

Leading Australian oil and gas producer Santos is accused of misleading the market by “greenwashing” its environmental credentials in a landmark shareholder-led lawsuit filed in the Federal Court.

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Law firm investigates class action over toxic dog food
Class Actions 2021-08-26 11:24 pm By Cat Fredenburgh

A law firm is investigating a potential class action on behalf of pet owners whose dogs have died or fallen ill after consuming food contaminated with a known toxin.

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NAB cops $18.5M fine for failing to disclose adviser fees
Financial Services 2021-08-26 10:47 am By Cindy Cameronne

National Australia Bank has been hit with a $18.5 million fine after admitting to allegations by ASIC that it failed to adequately disclose its adviser fees for five years.

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ASIC ditches ‘why not litigate’ stance as government prioritises economy
ASIC 2021-08-26 10:32 pm By Sam Matthews

Just three years after adopting its ‘why not litigate’ approach in response to a lashing by the Hayne royal commission, the corporate regulator has abandoned the tough enforcement stance as the Morrison government focuses on economic recovery from COVID-19.

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Full Court confirms no statutory liability for infringement by authorisation
Expert Insights 2021-08-25 3:11 pm By Editor

In a recent decision, the Full Federal Court confirmed that a trade mark owner who merely authorises use of its trade mark cannot be subject to liability for direct trade mark infringement under section 120(1) of the Trade Marks Act, writes Shelston IP’s Kathy Mytton and Sean McManis.

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Judge says Nine’s ‘pride or ego’ only reason for alleged defamatory articles staying online
Defamation 2021-08-25 6:10 pm By Cindy Cameronne

A judge overseeing a Papua New Guinean politician’s defamation lawsuit has criticised Nine’s refusal to take down two allegedly defamatory articles ahead of a delayed trial, saying there was no reason to keep them online except for the publisher’s “pride or ego”.

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