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An ‘odd’ result: High Court told reputation can’t be ignored in Botox TM case
A contradictor has argued that the High Court must consider the reputation of Botox maker Allergan’s trade marks in a cosmetic company’s challenge to a judgment finding it infringed the marks by marketing its topical creams as Botox alternatives.
Mastercard fails to patent fraud-fighting data processing system
Mastercard has lost a bid to patent a data processing system used to prevent fraud on payment card networks, with an IP delegate Australia ruling the invention “does not rise above an idea.”
As fast food titans go to trial, Hungry Jack’s says its burger ‘clever not deceptive’
Trial in the battle of the buns has begun, with McDonald's laying out a case for why its rival's Big Jack burger infringes its trade mark, and Hungry Jack's firing back that consumers could not confuse its flame-grilled meal with the iconic Big Mac.
Neurim’s patent for mini melatonin put to sleep
Israeli drug company Neurim Pharmaceuticals has lost a bid to patent a mini version of its melatonin tablet Circadin for children, after a successful challenge by Australian drug maker Generic Partners.
Chemist Warehouse to stop selling Victoria’s Secret fragrances while lawsuit underway
US lingerie and beauty giant Victoria’s Secret has won undertakings from Chemist Warehouse to stop selling allegedly fake fragrance products until a trade mark suit against the pharmacy giant is decided.
Corelogic again seeks to block copyright case over data scraping
Property data analytics firm CoreLogic is taking aim again at a lawsuit accusing it of unauthorised scraping of confidential information from building information provider BCI Media’s copyright-protected leads platform, months after a judge found the case was “defective and deficient".
Vagisal maker Combe hits rival with IP suit over Vagisan
The maker of Vagisil personal care products has filed a trade mark suit against pharmaceuticals and cosmetic company Dr Wolff over its new line of Vagisan products, arguing the name is likely to confuse consumers.
‘Inspired by Kanye West’: Melbourne restaurant relies on disclaimers in IP lawsuit
A Melbourne restaurant has defended a lawsuit brought by Kanye West for alleged unauthorised use of his name and likeness, pointing to disclaimers to show it did not mislead consumers about any affiliation with the controversial rapper.
Chemist Warehouse accused of selling knockoff Victoria’s Secret perfumes
US lingerie and beauty giant Victoria’s Secret has taken Chemist Warehouse to court for allegedly selling counterfeit perfumes.
Directed Electronics wins suit over ‘reprehensible’ theft by ex-manager
Automotive electronics company Directed Electronics has largely prevailed in a five-year-old lawsuit alleging a former manager misappropriated company information and reaped $3.6 million in commissions through a secret side agreement with South Korean giant Hanhwa.