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Cross-claims make new case an abuse of process, Isuzu tells court
Intellectual Property 2021-09-14 8:48 pm By Miklos Bolza

Truck company Isuzu has asked a court to shut down an $18 million lawsuit by Directed Electronics alleging copyright infringement, arguing that its own cross-claims –which substantially overlap with allegations in a 2017 case that went to trial — made it an abuse of process.

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Katy Perry wants to withdraw ‘wrong’ admission in trade mark spat with designer
Intellectual Property 2021-09-14 9:17 pm By Cindy Cameronne

US singer Katy Perry is seeking to withdraw an admission that licensing her trade mark to Target and Myer constituted use, saying it was plainly “wrong” after the Full Federal Court held an owner who authorised use of a mark was not liable for direct infringement.

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Merck Sharp & Dohme appeals judgment tossing Januvia patent extension
Intellectual Property 2021-09-10 6:04 pm By Miklos Bolza

Merck Sharp & Dohme is seeking to overturn a judgment refusing an extension of a patent covering its Januvia and Janumet diabetes drugs that would have seen the US drug maker of retaining a monopoly over the multibillion dollar medicines beyond July 2022.

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Allergan wins appeal in Botox trade mark battle
Intellectual Property 2021-09-08 5:19 pm By Miklos Bolza

Botox maker Allergan has successfully challenged a Federal Court judgment dismissing its trade mark lawsuit against an Australian company selling topical creams as an alternative to Botox injections.

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Monster Energy takes PepsiCo to court over ‘Monster Munch’ trade mark
Intellectual Property 2021-09-07 11:48 am By Sam Matthews

Monster Energy has instituted court proceedings against PepsiCo after failing to block the beverage giant from registering the ‘Monster Munch’ trade mark for the iconic British kids corn snack in Australia.

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Judge to hear Hells Angels, Redbubble trial this year ‘come hell or high water’
Intellectual Property 2021-09-07 2:54 pm By Bianca Hrovat

A judge has lit a fire under the Hells Angels Motorcycle Corporation, giving the motorcycle club just one day to formally amend its trade mark infringement case against RedBubble and vowing to bring the case to trial by November 2, “come hell or high water”.

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Lawsuit settled over Tradie’s ‘Aussiest undies ever’ claim
Competition & Consumer Protection 2021-09-06 3:02 pm By Christine Caulfield

Men’s briefs manufacturer Tradie has resolved a case brought by a rival alleging it misled consumers by claiming its underpants were the ‘Aussiest undies ever’.

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Finish detergent wins injunction in Powerball trade mark case
Intellectual Property 2021-09-06 1:58 pm By Christine Caulfield

The makers of Finish dishwashing products has secured an injunction keeping rival Somat products branded with an allegedly infringing logo from supermarket shelves until the Federal Court decides a high-stakes trade mark battle.

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Finish Powerball maker wants to derail competitor’s launch, court hears
Intellectual Property 2021-09-02 10:04 pm By Bianca Hrovat

An urgent injunction sought by the makers of Finish dishwashing products to remove Henkel Australia’s flagship product from supermarket shelves could derail the launch of Somat-branded products in Australia, a court has heard.

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Instagram takes offensive in trade mark battle with Instagoods
Intellectual Property 2021-09-02 5:50 pm By Miklos Bolza

Social media giant Instagram has accused Australian retail tech and dating startup Instagoods of “flagrant” trade mark infringement and breaches of the Australian Consumer Law, as an intellectual property stoush between the companies heats up.

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