Viewing post categorized under: Intellectual Property

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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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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Avoiding the Gaps in the Copyright/Design Overlap

Sharon Givoni Consulting Arts and design, Copyright, Intellectual Property

Takeaway tips The copyright/design overlap aims to deal with and eliminate dual protection under copyright and design law. Don’t assume your designs are protected by copyright. Consider design registration before you publicly disclose your design. Recently, our firm assisted a client who sold unique handmade jewellery through an online store. He shockingly discovered that another […]

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Chinese Fakes. What can you do about them?

Sharon Givoni Consulting Arts and design, Intellectual Property

One question that Australian IP lawyers often get asked is what you can do to prevent your designs and products from being ripped-off in China. The issues surrounding IP protection are alive and well in China, which is notorious for its culture of copying, with “Naik” (Nike) shoes to “Adidos” (Adidas) tops right through to […]

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Copyright and Wrong: A Basic Guide for Designers

Sharon Givoni Consulting Copyright, Intellectual Property

Here we examine what is copyright, how are creative works protected? How not to infringe someone else’s copyright, all with a particular focus on designers. Read more…

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Sharon Givoni Consulting Food Law, Intellectual Property, Trade marks

Ordinary language or protected trade mark – are you doing the right thing? There is a famous quote that imitation is the greatest form of flattery. True as that might be – this is the last thing you want when it comes to your own brand. We use phrases all the time and don’t think […]

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Textile Designers, Copyright & the Internet: Unravelling some common myths

Sharon Givoni Consulting Intellectual Property, Retail and fashion Law

For textile designers and businesses that sell fabrics, the internet can open many doors. The downside however is that this can expose you to an increased risk of being copied. This article provides tips about copyright on the internet and dispels a few common myths in the process. Read more…

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