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Bid to trade mark ‘accredited nutritionist’ hard to swallow, IP Australia tells Dietitians Association
Intellectual Property 2024-07-08 11:31 pm By Cat Fredenburgh

The Dietitians Association of Australia can’t register a logo featuring the words ‘accredited nutritionist’ as a trade mark, with a delegate agreeing with a competing nutritionist group that the association should not have a monopoly over the highly descriptive term.

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Origin Energy fires off cross-claim in trade mark fight
Intellectual Property 2024-07-03 11:53 pm By Sam Matthews

Energy retailer Origin Energy has hit back at a trade mark infringement suit filed by internet provider Origin Net, arguing that its mark should be revoked and accusing Origin Net of misleading and deceptive conduct. 

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K&L Gates picks up three partners across corporate, IP, real estate teams
K&L Gates 2024-07-03 4:38 pm By Sam Matthews

K&L Gates has lured three partners from rival firms to bolster its corporate, IP and real estate offerings across the country, including a former principal of Davies Collison Cave. 

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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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