Articles
Viewing post categorized under: Intellectual Property
What happens if you don’t use your trade mark? Can it be taken away?
Sharon Givoni Consulting Intellectual Property
Apparently, the answer is yes. But there are conditions. The mark must have been registered for at least three years and there must have been three continuous years of non-use. The rule used to be five years, but it has recently changed so it is now in line with New Zealand laws. So, the rule […]
Demystifying the magic of unfair contract terms
Sharon Givoni Consulting Intellectual Property
Unfair contract terms are something we are all wary of and most of us have probably been victim to them at some point in our lives. Consider the following scenarios: You enter into a long-term contract with a supplier for the supply of wood and hidden in the fine print are terms which give them […]
Employee or a Contractor – Contractual Differences
Sharon Givoni Consulting Intellectual Property
These days there is a blurred line as to whether you are legally considered an employee or a contractor. There are many different requirements and obligations for employers depending on if the worker is an employee or a contractor so it is an important question to answer. Failing to correctly classify an employee or a […]
Louboutin Red Sole, Can It Be Trade marked?
Sharon Givoni Consulting Intellectual Property
High heeled woman’s shoes with a distinctive red sole, that is the image of none other than classic Louboutin’s which have been a part of the Louboutin campaign for twenty-five years after French designer, Christian Louboutin had painted the back of one of his heels with red nail polish, and had been inspired ever since. […]
Winner Winner Chicken Dinner – Online Competitions in Australia
Sharon Givoni Consulting Intellectual Property, Internet Law, Social Media
When it comes to online competitions, many Australians do not know the rules behind setting them up. Many businesses and online personalities use online competitions as a means for generating traffic, followers and sales. So what should you consider when setting up an online competition? What are the laws generally in Australia around running […]
Creativity, Originality and Copyright Law
Sharon Givoni Consulting Copyright, Intellectual Property
There is a lot of information involved when it comes to creativity, originality and copyright law. Clients often ask us what it would take to assert copyright in their drawings, artistic works or logos. The answer is simple. The first step is you need the work to be original in the sense that the copyright […]
Fun and Games! The Huge Success of Danger Dolan
Sharon Givoni Consulting Copyright, Intellectual Property, Trade marks
The Rise of Danger Dolan Many years ago, one of our clients, Daniel James Johnson, created the concept of Danger Dolan. From then Planet Dolan was formed which turned into an assortment of YouTube channels that focus on either “Top X” list styled videos (Planet Dolan), “Question and Answer” videos and music videos (Super Planet […]
Organic Claims – Legal Requirements for Labelling and Packaging
Sharon Givoni Consulting Food Law, Intellectual Property, Packaging
As ‘Organic’ products attract a premium price it is not surprising that many businesses want to use the term on their labelling and packaging. However, when it comes to organic claims, consumers should be able to assume that the organic claim is true and that the ingredients are indeed organic. When you design a label, […]
Bad Faith Trade Mark Registration in Australia
Sharon Givoni Consulting Intellectual Property
Registering a trade mark is the most effective way to protect your brand name and other elements of your brand identity such as logos and taglines. However, caution should be taken as this protection will not be afforded to bad faith trade mark registration. Ownership of a trade mark at common law is established through the […]
Coincidental or Copy? Copyright Infringement and Music
Sharon Givoni Consulting Intellectual Property
Copyright Infringement and Music When it comes to copyright infringement and music, perhaps one of the most important questions asked is whether the alleged copy is a substantial reproduction of the original. This article considers the main principles of copyright law when it comes to songs and critques a number of important musical works. We […]