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Employees and Personal Emails – Breaching Employer Intellectual Property?
Sharon Givoni Consulting Consumer Law, Internet Law
Employers beware – employees and personal emails could be breaching your IP! One question we often get asked is: whether it is a breach of copyright for employees to email copyrighted works from a work email address to a personal email address. Employees and Personal Emails – What is the law? The leading case […]
Plain Packaging and Tobacco – We’ve Got It Covered
Sharon Givoni Consulting Consumer Law, Trade marks
Plain Packaging and Tobacco Australia’s law goes much further than the advertising bans and graphic health warnings seen in other countries when it comes to plain packaging and tobacco. Plain packaging and tobacco refer to packaging that requires the removal of branding. It bans distinctive logos and distinctive-coloured cigarette packaging in favour of drab brown packets […]
Unfair contract terms – how could they affect you?
Sharon Givoni Consulting Consumer Law
On 2 November 2016, a new law, Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Bill 2015 (Cth), came into effect. The aim was to protect small businesses from unfair terms in business-to-business standard form contracts. This law applies to standard form contracts that are either entered into, varied on or after, or renewed […]
Stranger things have happened – Netflix writes funny cease and desist letter
Sharon Givoni Consulting Consumer Law, Copyright, Entertainment Law, Film, Intellectual Property
When Sheriff Hopper knocks – Netflix cease and desist letter gets media attention The words “cease and desist” letters often get used in intellectual property matters. We think of bigwigs in Hollywood going after fans and creators of fan fiction, sending cease and desist letters threatening legal action if people are using content without appropriate […]
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, […]
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 […]
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 […]
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 […]
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, […]