Caterpillar wins fight over Puma’s Procat trade mark

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US machinery manufacturer Caterpillar has won its appeal of a decision approving sportswear brand Puma’s ‘Procat’ trade mark application, with a judge finding “a significant number” of consumers might be confused by the mark.

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Norton Rose must face damages with ‘substantial sting’, ex-partner says

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A former Norton Rose Fulbright partner locked in a six-year legal battle with the firm has urged the Full Court to allow a $160,000 damages award in his favour to be recalculated, saying it did not provide enough “sting”, amounting to just $1,500 per partner.

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CBA slams class action’s ‘shameless’ attempt to obtain CEO’s emails

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The Commonwealth Bank of Australia has slammed an attempt by a class action to “trawl through” its Chief Executive Officer’s emails in search of correspondence regarding it decision to rebate commissions grandfathered by the Future of Financial Advice reforms.

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Judge finds NSW environmental regulator has ‘duty’ to address climate change

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The NSW Environment Protection Authority must develop policies to protect the environment from the threat of climate change, a judge has found in a significant victory for climate advocates.

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Crocs takes Mosaic Brands to court for allegedly copying shoe design

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US footwear company Crocs has taken Mosaic Brands to court for allegedly selling shoes that “flagrantly” copy the look of its unique 13-hole slip-on foam clogs.

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Santos accused of misleading market by ‘greenwashing’ natural gas claims

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Leading Australian oil and gas producer Santos is accused of misleading the market by “greenwashing” its environmental credentials in a landmark shareholder-led lawsuit filed in the Federal Court.

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ASIC ditches ‘why not litigate’ stance as government prioritises economy

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Just three years after adopting its ‘why not litigate’ approach in response to a lashing by the Hayne royal commission, the corporate regulator has abandoned the tough enforcement stance as the Morrison government focuses on economic recovery from COVID-19.

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Full Court confirms no statutory liability for infringement by authorisation

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In a recent decision, the Full Federal Court confirmed that a trade mark owner who merely authorises use of its trade mark cannot be subject to liability for direct trade mark infringement under section 120(1) of the Trade Marks Act, writes Shelston IP’s Kathy Mytton and Sean McManis.

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