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Funder of failed IP case can’t dodge indemnity costs
Intellectual Property 2024-01-18 5:26 pm By Cindy Cameronne

A litigation funder must pay indemnity costs to CoreLogic after bankrolling a photographer’s unsuccessful copyright claim against the property data analytics company, with an appeals court finding it pursued the litigation for its own personal gain.

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Bed Bath N’ Table scores partial win in IP suit against rival
Intellectual Property 2024-01-16 4:59 pm By Cindy Cameronne

A judge has handed a partial win to homewares brand Bed Bath N’ Table, finding rival House misled consumers by opening a sub-brand called House Bed & Bath but rejecting the retailer’s trade mark infringement claims.

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BeforePay defeats Bendigo and Adelaide Bank’s ‘B’ trade mark challenge
Intellectual Property 2024-01-15 3:50 pm By Cindy Cameronne

Bendigo and Adelaide Bank has lost its opposition to the registration of three trade marks by pay on demand company BeforePay, with a delegate finding that consumers of banking and financial services were unlikely to be confused by the marks and acted with high “care and attention”. 

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Tesla takes NSW man to court over Autopilot whistleblower docs
Intellectual Property 2024-01-12 11:55 pm By Sam Matthews

Electric car giant Tesla has brought court proceedings against a NSW man seeking the removal of documents from the web, including material allegedly leaked by a former employee who recently raised concerns about the company’s self-driving software.

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Aristocrat sues head of game design, wins urgent orders over 6,400 files
Intellectual Property 2024-01-11 11:26 pm By Christine Caulfield

Gaming giant Aristocrat is suing its head of design for alleged intellectual property infringement and has secured orders restraining him from using or disclosing any of thousands of company files he is accused of copying.

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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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