The phrase true A2 is not inherently adapted to distinguish the A2 Milk Company’s products because A2 milk is commonly understood to signify less allergenic dairy products that do not contain the A1 protein, according to a now-published ruling that’s already been appealed by the dairy company.
A court has barred US drug company Merck Sharp & Dohme from denying that an agreement made with German pharmaceutical company Merck KGaA was governed by German law, settling a key question before a trade mark case between the two drug giants goes to trial.
Sportsbet’s application to register ‘Same Game Multi’ as a trade mark has been rejected, with the Registrar of Trade Marks relying on statements in the company’s own market research that its betting product should “do exactly what it says on the tin” to find the mark insufficiently distinctive.
A US sports news website founded by former Yankees shortstop Derek Jeter featuring content by athletes has agreed to settle an IP lawsuit brought against a rival Australian site for allegedly copying its look.
The NRMA’s bid to restrain the maritime union’s campaign over the safety and employment standards of Sydney’s fast ferry services on the grounds that it violates IP and consumer laws is set to be fast tracked after a judge noted the “significant” case could raise freedom of speech issues.
Streetwear brand Globe International has alleged department store chain Kmart was reasonably aware it was infringing copyright, after internal emails revealed Kmart clothing designers shared links to Globe’s workwear designs before proposing to trial “this more youthful workwear… ASAP”.
British child safety product manufacturer Britax has lost its opposition to an Australian competitor’s patent for a lightweight child booster seat, after contradicting inventiveness claims made in its own application for a similar product.
Sherwood Chemicals wants to exterminate claims alleging it infringed two patents held by US chemical giant BASF for an underground termite control system, saying the patents were invalid and that any infringement, if it occurred, was innocent.
Printer giant Seiko Epson has won its cross-appeal against cartridge reseller Calidad in a Full Federal Court decision that further clarifies the extent to which patentees can prevent those acquiring a patent’s title from repurposing or manipulating the original product.
Casino and mobile game giant Aristocrat Technologies has sued rival Ainsworth Game Technology for alleged copyright infringement and breaches of Australian consumer law following the suspected theft of trade secrets by an employee.