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No scope in Patents Act for holding directors jointly liable for unjustified threats: court
Intellectual Property 2024-01-29 3:33 pm By Cindy Cameronne

A letter by King & Wood Mallesons was an unjustifiable threat of patent litigation against car accessories company Clearview, as was an announcement by the firm’s client MSA, but MSA’s director cannot be held liable as a joint tortfeasor under the Patents Act, a judge has found.

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Allens snares trade mark partner to strengthen IP team
Intellectual Property 2024-01-29 11:17 pm By Christine Caulfield

Allens has recruited an intellectual property expert to lead the law firm’s trade mark practice from its Melbourne office.

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Bickfords squeezes out Frucor’s ‘Real McCoy’ trade mark
Intellectual Property 2024-01-26 9:28 am By Cindy Cameronne

Australian beverage company Bickfords, which makes ‘Real McCoy’ whiskey mixed drinks, has successfully opposed rival drink maker Frucor Suntory’s bid to trade mark the same name for a fruit juice product, with an IP Australia delegate finding the beverages were similar.

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The Agency Group loses trade mark fight with real estate rival
Intellectual Property 2024-01-24 3:03 pm By Cindy Cameronne

Sydney real estate group The Agency has lost an appeal in its trade mark case against a rival, with the Full Federal Court upholding a finding that the company would have an “unwarranted monopoly” if other businesses were barred from using the descriptive words in its name.

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Judge slams Tesla’s ‘unrealistic’ bid for urgent arrest warrant over whistleblower docs
Intellectual Property 2024-01-19 4:25 pm By Cindy Cameronne

A judge has criticised Tesla’s bid for an urgent arrest warrant against a NSW man who allegedly published material leaked by a former employee about its self-driving software, saying the man needs the chance to properly respond to the electric car giant’s contempt of court claim. 

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Funder of failed IP case can’t dodge indemnity costs
Intellectual Property 2024-01-18 5:26 pm By Cindy Cameronne

A litigation funder must pay indemnity costs to CoreLogic after bankrolling a photographer’s unsuccessful copyright claim against the property data analytics company, with an appeals court finding it pursued the litigation for its own personal gain.

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Bed Bath N’ Table scores partial win in IP suit against rival
Intellectual Property 2024-01-16 4:59 pm By Cindy Cameronne

A judge has handed a partial win to homewares brand Bed Bath N’ Table, finding rival House misled consumers by opening a sub-brand called House Bed & Bath but rejecting the retailer’s trade mark infringement claims.

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BeforePay defeats Bendigo and Adelaide Bank’s ‘B’ trade mark challenge
Intellectual Property 2024-01-15 3:50 pm By Cindy Cameronne

Bendigo and Adelaide Bank has lost its opposition to the registration of three trade marks by pay on demand company BeforePay, with a delegate finding that consumers of banking and financial services were unlikely to be confused by the marks and acted with high “care and attention”. 

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Tesla takes NSW man to court over Autopilot whistleblower docs
Intellectual Property 2024-01-12 11:55 pm By Sam Matthews

Electric car giant Tesla has brought court proceedings against a NSW man seeking the removal of documents from the web, including material allegedly leaked by a former employee who recently raised concerns about the company’s self-driving software.

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Aristocrat sues head of game design, wins urgent orders over 6,400 files
Intellectual Property 2024-01-11 11:26 pm By Christine Caulfield

Gaming giant Aristocrat is suing its head of design for alleged intellectual property infringement and has secured orders restraining him from using or disclosing any of thousands of company files he is accused of copying.

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