Viewing post categorized under: Retail and fashion Law

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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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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Social media trade promotions – tips and traps

Sharon Givoni Consulting Retail and fashion Law

Online promotions and competitions can be an effective way to boost exposure to your brand and engage with your target market. When it comes to the area of window furnishings, this principle equally applies. You may want to run a competition like: “Caption this photo for a chance to win” “Tell us in 50 words […]

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Lessons From The UGG Boot: Why Protecting Your (Global) Brand Is Paramount

Sharon Givoni Consulting Retail and fashion Law

A little-known fact that most business owners aren’t aware of is that just because a word is a cultural icon, this does not mean they are free for public use as a trade mark. In Australia alone, there have been many cases of iconic words or sayings that have been registered as trade marks, which […]

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Unpicking the Threads

Sharon Givoni Consulting Retail and fashion Law

Textile companies or designers may be surprised to learn that, if you apply a three-dimensional element to your fabric, such as an embroidered or woven element, you could lose the benefit of copyright protection altogether. This article canvasses copyright and designs in the context of textiles. Read more… Kindly reposted with the permission of ATF […]

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Print & Pattern Protection

Sharon Givoni Consulting Retail and fashion Law

In the fashion industry and while the basic rule to remember is simply “do not copy”, what will amount to copying in any given situation can vary on the case.” This article explores the topic in light of some recent cases on point looking at Seafolly and Cotton On case studies by way of example. […]

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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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Protecting stripes as trade marks? Adidas did…

Sharon Givoni Consulting Retail and fashion Law

Creating a signature style for your clothing or footwear ranges can set you aside from the competition and even something as a few stripes on a shoe, if consistently used, can over time become a recognisable brand. If a competitor copies a distinctive visual element of your brand, your trade mark registration (if you have […]

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Sharon Givoni Unpacks the Legal Dangers of Social Media for Fashion Labels

Sharon Givoni Consulting Retail and fashion Law

Fashion designers love getting ideas from all sorts of influences but what happens if you think that someone has gone too far and copied your designs? The Seafolly case decided in late 2012, shows that if you air your thoughts on Facebook and social media this can be very damaging and you could be taking […]

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SMILING FOR THE CAMERA!

Sharon Givoni Consulting Retail and fashion Law

Models, whether professionals or just ordinary people are used all the time in the fashion world. But do they actually own their image? And, if not, what sort of consents do you need under Australian law in order to use their image for the purposes you need to in your business? In this article Sharon […]

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