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.
Reforms by the Morrison government passed earlier this month weakening continuous disclosure obligations will spur corporate defendants to engage in “expensive interlocutory warfare” to shut down class actions right off the bat, and plaintiffs lawyers are waiting to see how the courts interpret the new laws to determine these early strike-out fights.
A judge overseeing a Papua New Guinean politician’s defamation lawsuit has criticised Nine’s refusal to take down two allegedly defamatory articles ahead of a delayed trial, saying there was no reason to keep them online except for the publisher’s “pride or ego”.
A judge has reopened the trial in Hells Angels’ trade mark case against Melbourne-based retailer Redbubble to hear allegations by the bikie gang that the online marketplace was still selling infringing products after the July hearing wrapped up.
The CFMEU has abandoned its landmark multi-million dollar class action against labour hire company Workpac following the High Court’s ruling that dashed the hopes of casual workers seeking leave entitlements.
Swiss pharmaceutical company Biogen is seeking a court order blocking an Australian generic drug manufacturer from selling a cheap multiple sclerosis drug it claims infringes its patent for medicine Tecfidera, a court has heard.
A class action against the executors of the late South Australian pastoralist Thomas Brinkworth has been brought on behalf of landowners whose properties were damaged in a fire in Lucindale last summer.
A judge has struck out allegations of fraud in a cross-claim brought by the operator of a NSW open-cut coal mine, which accused several contractors of knowingly understating the time and cost of expansion works to the tune of $52 million.
A Melbourne mortgage broker who was jailed for filming four dying police officers has been released from prison after serving 120 days behind bars for separate offences, which a magistrate slammed as “abhorrent” and “repugnant”.
A $19.6 million legal bill racked up by the law firm behind two 7-Eleven class actions accusing the convenience store chain of misleading franchisees did not warrant the appointment of a contradictor to a hearing seeking approval of a $98 million settlement, a court has heard.
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