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Bega triumphs again in $60M battle over peanut butter IP rights
Intellectual Property 2020-04-14 3:47 pm By Cat Fredenburgh

Kraft has lost an appeal in its high-stakes legal battle against Bega over the right to use its distinctive peanut butter trade dress in Australia.

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Citing coronavirus, judge orders limited discovery in ANZ, Westpac ‘junk’ insurance class actions
Class Actions 2020-04-03 11:18 pm By Christine Caulfield

Noting the challenge of searching for documentary evidence while employees are working from home, a judge overseeing two consumer class actions against ANZ and Westpac has directed the banks to hand over only a limited number of documents to the applicants, and given them extra time to do it.

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Court orders winding up of Merlin Diamonds after ‘serious contraventions’ unearthed
Restructuring & Insolvency 2020-04-01 5:02 pm By Cat Fredenburgh

A judge has ordered that Joseph ‘Diamond Joe’ Gutnik’s Merlin Diamonds be wound up after the mining company’s provisional liquidators uncovered “serious contraventions” and a “serious failure of governance”.

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Judge should be commended for ‘judicial economy’, Pacific National tells court in ACCC appeal
Competition & Consumer Protection 2020-02-18 2:37 pm By Christine Caulfield

Pacific National has defended a decision by a judge to accept an undertaking and rule against the ACCC in its competition case over the rail operator’s acquisition of a major freight terminal in Queensland, saying the ruling was structured with “commendable judicial economy”.

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Judge overstepped in accepting Pacific National undertaking, ACCC tells appeals court
Competition & Consumer Protection 2020-02-17 4:30 pm By Christine Caulfield

The judge who dismissed the ACCC’s challenge to Pacific National’s acquisition of Aurizon’s Acacia Ridge Terminal in Queensland had no power to accept an undertaking by the rail operator as an answer to the competition regulator’s case, an appeals court has been told.

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Bitter dispute ends in cancellation of ‘Urban Ale’ trade mark
Intellectual Property 2020-02-07 7:41 pm By Miklos Bolza

A Melbourne-based craft brewery has had its ‘Urban Ale’ trade mark cancelled, with a judge finding other beer makers might want to use the words to describe their products and that cancelling the mark would be in the public interest.

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STA Travel makes admissions in ACCC case over hidden fees
Competition & Consumer Protection 2020-01-23 10:18 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission’s case alleging STA Travel hit customers with $1 million in hidden fees and commissions through an add-on that purported to cover the cost of flight changes will go straight to a penalties hearing after the student travel agent made admissions.

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Schneider Electric faces patent infringement suit over Clipsal socket outlet
Intellectual Property 2020-01-16 5:30 pm By Cat Fredenburgh

A US communications infrastructure company has filed a patent lawsuit against the Australian arm of French energy tech giant Schneider Electric, which is accused of flagrant infringement with the sale of one of its Clipsal electric socket products.

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Liquidators of failed broker Berndale Capital want to grill former execs
Restructuring & Insolvency 2020-01-09 7:58 pm By Christine Caulfield

The liquidators of Melbourne-based forex trader Berndale Capital have filed examination proceedings in the Federal Court seeking to question the company’s former CEO and its other directors.

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Full Court says Oxworks wrongly awarded extra damages in patent suit
Intellectual Property 2020-01-09 5:14 pm By Miklos Bolza

The Full Federal Court has provided clarity around additional damages in patent cases by reducing the penalties liable to be paid by an Australian fencing and gate manufacturer found to have infringed a rival’s patent for a fence base.

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