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In Wollemi appeal, Tesla CEO Robyn Denholm must prove it’s not just personal
Intellectual Property 2024-07-02 11:27 pm By Cat Fredenburgh

Tesla CEO Robyn Denholm has lodged an appeal that must convince the Federal Court that her family office’s use of the ‘Wollemi’ trade mark was not just private and personal, but use in trade or commerce that benefitted third parties, not just the family.

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Samsung Bioepis’ ‘scattergun approach’ dooms bid for R&D docs in fight over Pfizer’s Enbrel patent
Intellectual Property 2024-06-27 11:54 pm By Andy Sidler

A judge has rejected Samsung Bioepis’ bid to discover research and development documents from Pfizer as it seeks to invalidate the drug giant’s patent for its blockbuster autoimmune drug Enbrel, agreeing with Pfizer that it may be “no more than an exercise in fishing”.

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Aldi blasts ‘desperate’ copycat case over Little Bellies fruit snacks
Intellectual Property 2024-06-27 11:25 pm By Sam Matthews

Aldi has slammed what it says is a novel copyright infringement case alleging the German grocery chain copied the “vibe” of a rival’s snack packaging. 

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Fortescue accused of ‘egregious material nondisclosure’ in case against green iron start-up
Intellectual Property 2024-06-26 10:06 pm By Cindy Cameronne

Start-up Element Zero claims Fortescue did not disclose material information to the court when it obtained search orders in its case alleging “industrial scale misuse” of the mining company’s confidential information.

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Full Court finds bottling agreement payments to PepsiCo’s not taxable royalties
Tax 2024-06-26 11:39 pm By Cindy Cameronne

In a loss for the Australian Taxation Office, the Full Federal Court has found that payments made by Asahi Breweries-owned Schweppes to PepsiCo under agreements to sell brands such as Pepsi and Mountain Dew in Australia were not subject to a royalty withholding tax. 

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Sleeping Duck sues to get messages between former employees, rival Eva
Employment 2024-06-26 11:27 pm By Sam Matthews

Melbourne mattress and bedding start-up Sleeping Duck is seeking preliminary discovery of communications between former employees and rival company Eva Sleep, including correspondence allegedly containing financial information and trade secrets. 

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On The Run takes aim at PR firm for ‘misleading’ wage theft campaign
Media 2024-06-24 2:10 pm By Cindy Cameronne

Convenience store chain On The Run has filed proceedings against public relations firm the Civic Partnership, claiming it is liable for misleading or deceptive conduct after an employee allegedly created a campaign aimed to damage the business for an unknown client. 

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Justin Hemmes’ ‘Establishment’ trade mark should be canceled, court told
Intellectual Property 2024-06-20 11:33 pm By Sam Matthews

Brisbane restaurant Establishment 203 has hit back at a trade mark suit brought by Sydney hospitality mogul Justin Hemmes, telling a court that his ‘Establishment’ trade mark should be canceled.

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Climate investment firm Wollemi beats Tesla CEO’s trade mark opposition
Intellectual Property 2024-06-17 11:54 pm By Cat Fredenburgh

CBA-backed climate venture capital firm Wollemi has defeated a challenge by Tesla CEO Robyn Denholm’s family office to registering its name as a trade mark, with a delegate finding the family’s private investment vehicle of the same name did not use the mark in trade or commerce.

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Elanco loses appeal in animal drug patent spat with Abbey Laboratories
Intellectual Property 2024-06-17 11:07 pm By Sam Matthews

Elanco Australasia has lost its bid to appeal a finding by IP Australia that a patent acquired from Bayer covering a lice treatment for livestock lacked an inventive step.

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