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L’Oreal loses rights to use Elvive trade mark for beauty products
Intellectual Property 2023-06-13 6:00 pm By Gareth Baker

Skincare giant L’Oreal has lost the rights to use a 23-year-old trade mark for branding some of its products, after a competitor successfully campaigned IP Australia to strike it from the register for non-use. 

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Seven loses stoush with 7-Eleven over ‘7NOW’ trade mark
Intellectual Property 2023-06-08 11:38 pm By Gareth Baker

Seven Network has lost its effort to stop convenience chain 7-Eleven from using a contested logo even though Seven had registered the trade mark first, with a court finding the broadcaster sat on the mark for too long before using it. 

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Targets of Pokemon’s IP lawsuit were victims of identity theft, court told
Intellectual Property 2023-06-02 3:04 pm By Christine Caulfield

The defendants in a trade mark infringement case by the Pokemon Company were the victims of identity theft and were wrongly named in the suit, a court has heard.

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Apple can argue patent invalid because of HP device first sold in 2000
Intellectual Property 2023-06-02 10:21 pm By Cindy Cameronne

Apple can argue an Australian non-practicing entity that claims its patents for a remote entry system were infringed by the tech company’s Touch ID and Face ID technology are invalid because of a Hewlett Packard handheld device that was first sold in 2000. 

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Zip wins high-stakes trade mark stoush with Firstmac
Intellectual Property 2023-06-01 11:51 pm By Sam Matthews

Buy now, pay later giant Zip Co has successfully defended a lawsuit over its use of Firstmac’s ‘Zip’ trade mark and won its bid to have the mortgage provider’s mark removed for non-use.

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Visa’s blockchain payment invention not patentable, IP Australia says
Intellectual Property 2023-06-01 1:43 pm By Gareth Baker

Payment giant Visa has lost an application for a patent covering a way to transfer assets between banks, with an IP Australia delegate saying the invention uses generic computer technology and is not patentable.

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Quorn’s patent application for vegan burger falls apart
Intellectual Property 2023-05-26 11:07 pm By Gareth Baker

Marlow Foods, maker of popular meat-replacement product Quorn, has lost an application to patent a vegan burger that contains a non-egg binding agent, with IP Australia saying the recipe lacked inventiveness.

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CSIRO mulls lawsuit over gut-friendly wheat patent
Intellectual Property 2023-05-23 10:35 pm By Sam Matthews

CSIRO has won its bid to access samples of a wheat grain product with increased fibre, as it contemplates a possible patent infringement lawsuit against a South Australian food company.

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Aussie honey producers triumph in trans-Tasman tussle over manuka honey rights
Intellectual Property 2023-05-22 10:11 pm By Gareth Baker

New Zealand honey producers have failed in a lengthy fight with their Aussie counterparts to trade mark the term ‘manuka honey’, with the Intellectual Property Office of New Zealand ruling the phrase is merely descriptive of a type of honey.

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Corrs Chambers not required to disclose involvement in drafting expert report: Full Court
Legal Ethics 2023-05-19 11:36 pm By Sam Matthews

An appeals court has said that while it might be desirable for law firms to disclose their involvement in drafting expert reports, they are not legally obligated to do so, overturning a finding that Corrs Chambers Westgarth went “far beyond the permissible scope” of involvement in a report prepared for a trade secrets case.

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