BRANDING LAWS PACKAGED AND GIFT-WRAPPED

Sharon Givoni Consulting Intellectual Property, Packaging, Protecting ideas, Trade marks

Only a century ago, the attraction of consumer products was in their practical application. Soap, for example, was originally packaged in anonymous greyish bars and purchased by consumers purely for its cleaning attributes. Now, soap promises so much more – it exfoliates and softens, refreshes and revitalises (Norsca), doubles up as a “beauty aid” (Dove) […]

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Social Media Influencers – To post or not to post, that is the question

Sharon Givoni Consulting Consumer Law, Intellectual Property, Social Media

The reality is that everyone needs to post, gram and/or tweet to be in the marketplace. Marketing a business or product today requires a seemingly endless stream of content and new ways to reach new audiences. Social media influencers can be a great addition to your marketing campaign, but be sure that you do not […]

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Protecting yoga and dance moves – How far can you stretch copyright law?

Sharon Givoni Consulting Copyright, Intellectual Property, Protecting ideas

Imagine this scenario. You come up with an amazing sequence of 26 yoga poses and an accompanying dialogue so that yoga class could be taught throughout the world. People could go to a class in Australia or LA and know it would pretty much be the same. This is exactly what happened to well-known Indian […]

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Alice in Merchandise-land – the value of character and celebrity merchandising

Sharon Givoni Consulting Consumer Law, Entertainment Law, Food Law, Intellectual Property, Packaging, Protecting ideas

The value of celebrity endorsements on food advertising, packaging and labelling is indisputable, whether it be Jamie Oliver with his range of products, George Clooney for Nespresso or Serena Williams for Gatorade (and Nike… and Berlie… and…) Take-Away Tips for your business The use of images of fictional beings on products, such as cartoon characters, […]

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Close your eyes, and give me the coke bottle

Sharon Givoni Consulting Consumer Law, Food Law, Intellectual Property, Packaging, Protecting ideas, Trade marks

How to avoid legal issues when it comes to packaging Attention all packaging designers, this is for you. Before you launch your new product with shiny new packaging, it is important to consider whether you could be infringing someone else’s trade mark rights, engaging in misleading or deceptive conduct or passing off. In Australia, aspects […]

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Don’t be fooled, plain packaging is anything but plain

Sharon Givoni Consulting Consumer Law, Packaging, Retail and fashion Law

This article discusses the legalities of plain packaging for cigarette companies   Takeaways Plain packaging was introduced to reduce the attractiveness and appeal of tobacco products. The numerous specific and detailed requirements make plain packaging legislation is difficult to navigate without legal advice. Failing to comply with plain packaging legislation can result in product recalls […]

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Superfood or superfool – the legal lowdown on using this name

Sharon Givoni Consulting Consumer Law, Food Law, Packaging

Blueberries, goji berries, chia seeds, acai berries and of course, kale! These are the superfoods which are going to make you healthier, happier, smarter and just all round better, or so they say. However, before you start spruiking your new superfood from the pristine Amazon rainforest, stop to make sure you do not make yourself […]

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Use it or lose it – what happens if you do not use your Trade Mark?

Sharon Givoni Consulting Consumer Law, Intellectual Property, Packaging, Retail and fashion Law, Trade marks

If you are a small business and looking to restructure, this article is a must-read to ensure you do not inadvertently put your trade marks at risk. Key points: Even if you have a registered trade mark this may not be fool proof A registered trade mark can be potentially removed by a third party, […]

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Legal perils to avoid when using social networks

Sharon Givoni Consulting Consumer Law, Copyright, Intellectual Property, Internet Law

This article considers copyright for businesses in relation to social media. Issues explored include: Who legally owns a business’ social networking account? Recommendations for drafting social media policies and what they should cover Resolving other issues that can arise from social media use such as bad publicity Social media can both help and hurt businesses. […]

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Why being ‘pretty sure’ is not enough to justify threats of copyright infringement

Sharon Givoni Consulting Copyright, Intellectual Property

Takeaway tips Don’t take matters into your own hands if you think someone has copied your work. Don’t make your copyright infringement claims public. If you think your copyright has been infringed, seek legal advice right away. In 2015, a copyright infringement dispute arose 6 years after a British woman, Sarah Scurr, entered a photo […]

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