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Judge frowns on Allergan’s ‘Botox’ trade mark lawsuit
Intellectual Property 2020-10-28 7:29 pm By Cat Fredenburgh

Botox maker Allergan has lost a lawsuit that accused an Australian cosmetics company that sells topical creams as an alternative to Botox injections of infringing its Botox trade mark.

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Hungry Jack’s stands by ’25 per cent more beef’ claim in McDonald’s burger battle
Intellectual Property 2020-10-27 7:25 pm By Spencer Fowler Steen

Hungry Jack’s is doubling down on its claim that its ‘Big Jack’ burger has 25 per cent more beef than rival McDonald’s ‘Big Mac’, denying the US fast food company’s allegation that its beefier burger brag, made in a recent cheeky television ad, is misleading and deceptive.

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CoreLogic must hand over documents for potential data scraping copyright case
Intellectual Property 2020-10-26 6:50 pm By Miklos Bolza

Construction information service provider BCI Media Group has won its bid for preliminary discovery against property data analytics firm CoreLogic Australia, which is suspected of breaching copyright by gaining unauthorised access to BCI’s subscription platforms and data scraping for leads.

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Ripple Labs denies PayID is deceptively similar to trade mark of Aussie mobile banking system
Intellectual Property 2020-10-26 12:15 pm By Christine Caulfield

US cryptocurrency maker Ripple Labs has hit back at an intellectual property lawsuit brought by the Australian company behind the ubiquitous PayID mobile banking system, saying its PayID trade mark is neither substantially identical nor deceptively similar to the Aussie mark.

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‘Aussies Not Gonna Cop It’ birthed in pre-dawn session at bedside, Clive Palmer tells court
Intellectual Property 2020-10-22 3:06 pm By Miklos Bolza

Billionaire Clive Palmer has claimed that he wrote the lyrics to ‘Australia’s Not Gonna Cop It’ in the early hours of the morning while “deep in contemplation” at his bedside, telling the Federal Court that the song was inspired by the Peter Finch film ‘Network’ and not Twisted Sister’s rock anthem.

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‘O Come, All Ye Faithful’ inspired Twisted Sister rock anthem, Dee Snider admits
Trials 2020-10-20 1:27 pm By Miklos Bolza

Heavy metal singer Dee Snider has admitted under cross-examination that ‘O Come, All Ye Faithful’ influenced Twisted Sister’s rock anthem ‘We’re Not Gonna Take It’ but denied that he had “borrowed” elements of the Christmas carol for the 1985 hit.

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Game over for Monster Energy’s opposition to ‘Monster Strike’ trade mark
Intellectual Property 2020-10-19 9:49 pm By Cat Fredenburgh

A judge has shot down Monster Energy’s opposition to Japanese software company Mixi registering the ‘Monster Strike’ trade mark in Australia for its popular video game of the same name, the second judge to find the energy drink maker’s standalone ‘Monster’ mark does not have a significant reputation in Australia.

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Clive Palmer accused of ‘burning, notorious’ infringement as Twisted Sister copyright trial kicks off
Intellectual Property 2020-10-19 4:32 pm By Miklos Bolza

Universal Music has accused Clive Palmer of “burning, notorious” copyright infringement by using a rewritten version of Twisted Sister’s smash hit We’re Not Gonna Take It in a series of “grating and annoying” political ads.

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Flexigroup tries again to overcome Zip opposition to ‘no interest’ trade mark
Intellectual Property 2020-10-19 9:46 am By Cat Fredenburgh

Fintech Flexigroup has appealed rival Zip Co’s successful opposition to its ‘No Interest Ever!’ trade mark, which an IP Australia delegate found was a laudatory phrase incapable of distinguishing the goods of a single trader.

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Court issues mixed ruling in Merck Sharp & Dohme, Pfizer vaccine patent battle
Intellectual Property 2020-10-15 4:47 pm By Miklos Bolza

Pharmaceutical rivals Merck Sharp & Dohme and Pfizer have both suffered a blow in their efforts to patent a better pneumococcal vaccine, with a judge upholding both infringement and invalidity claims in the long-running case over the blockbuster Prevnar 13 vaccine.

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