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Finfluencer infringed rival’s ‘financial foreplay’ trade mark but no damages due, court finds
Intellectual Property 2024-01-11 1:36 pm By Cindy Cameronne

A judge has found finfluencer Canna Campbell infringed a rival’s ‘financial foreplay’ trade mark by promoting a podcast that contained the phrase, but declined to award damages, finding there was insufficient evidence that she profited from the infringement.

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US lawyer’s confusion about Aussie patent law can’t save Sanofi unit’s application
Intellectual Property 2024-01-10 2:24 pm By Sam Matthews

A Sanofi unit has lost its bid for more time to file a divisional application in relation to a hemophilia treatment, with an IP Australia delegate finding that a US lawyer’s mistaken belief about Australian patent law did not explain the company’s failure to make the application in time.

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Australia Post unit wins injunction in passing off case against former biz partner
Competition & Consumer Protection 2024-01-09 8:45 pm By Cindy Cameronne

Australia Post unit StarTrack has won an injunction barring postal product manufacturer TMA Australia from using a website URL containing the words ‘StarTrack’, with the Full Court finding a judge wrongly held the case was ‘weak’.

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Directed Electronics wins $168.5M in Hanhwa trade secrets case
Intellectual Property 2023-12-21 11:12 pm By Cindy Cameronne

Automotive electronics company Directed Electronics has won a $168.5 million award after a judge found its former manager and South Korean giant Hanhwa engaged in a “reprehensible” trade secrets theft.

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Cantarella tries to revive ‘Oro’ mark for Vittoria coffee
Intellectual Property 2023-12-21 1:48 pm By Cat Fredenburgh

Vittoria’s Cantarella Bros has lodged an appeal in a long-running trade mark stoush with Italian rival Lavazza after a judge found the coffee manufacturer’s two registered ‘Oro’ marks should be cancelled because the word was previously used by another coffee supplier. 

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High Court to hear appeal in high-stakes stoush over generic Plavix ban
High Court 2023-12-20 3:45 pm By Cat Fredenburgh

The High Court has agreed to weigh in on a 16-year battle between the federal government and French drug maker Sanofi-Aventis over an allegedly unjustified court order that prevented the release of a generic version of blockbuster blood-thinner Plavix.

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Sydney Opera House settles trade mark spat over use of sail design
Intellectual Property 2023-12-14 9:03 pm By Cat Fredenburgh

The Sydney Opera House Trust has resolved a long-running dispute accusing a China trade group of committing flagrant copyright infringement by reproducing substantial portions of the iconic landmark’s trade mark-protected sail design in its logo.

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Nestle, a2 Milk reach settlement in trade mark feud
Intellectual Property 2023-12-11 3:12 pm By Christine Caulfield

Swiss food and drink giant Nestle has resolved a lawsuit by a2 Milk over a trade mark for infant formula, agreeing to withdraw an application with IP Australia to register the mark, NAN A2.

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KFC loses challenge to Grill’d’s HFC trade mark
Intellectual Property 2023-12-07 10:22 pm By Sam Matthews

KFC has failed to block Grill’d’s HFC trade mark, with a judge finding the marks are not deceptively similar and that Grill’d did not act in bad faith despite parodying the fast food giant in advertising for its ‘Healthy Fried Chicken’ products. 

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High Court says real estate agency not liable for developer’s source code theft
Intellectual Property 2023-12-06 4:10 pm By Cindy Cameronne

The High Court has found Victorian real estate agency Biggin & Scott did not authorise through “indifference” the theft of Campaigntrack’s source code by a software developer it hired to create a cloud-based real estate marketing platform.

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