Viewing post categorized under: Trade marks
Sep / 24

Same Same, but Different Different

Sharon Givoni Consulting Intellectual Property, Trade marks

Can two businesses use the same Brand Name? You have started a company under a snazzy brand name, but a google search shows that the name has already been in use by another company – and they’ve trademarked it. So the big question is, can two businesses use an identical brand name? Many of you […]

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Dolan Kart - Danger Dolan
Jul / 09

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 […]

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Plain Packaging and Tobacco
Jun / 29

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 […]

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Trade mark battle with ZARA
Jun / 04

David vs Goliath: Trade mark battle with ZARA

Sharon Givoni Consulting Intellectual Property, Trade marks

ZARA vs ZARY On the 19th of April 2018, Sharon Givoni was interviewed for A Current Affair over a trade mark battle with ZARA. As you would all know, ZARA is possibly one of the largest fashion distributors in the world, selling clothing, accessories and the like. ZARA also owns several trade marks for the […]

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Replica furniture and copyright law
May / 15

Replica furniture – is it legal?

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

Unsurprisingly, the growth of replica furniture industry has grown over the years. An example of this is the replicas of the Tolix chair, which was designed by Xavier Pauchard, in 1934 in France. In light of this clients often ask us: is it legal to copy a furniture design? We have covered the issue of copycat products here. […]

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Trade Mark Registration – What's in a Name?
Sep / 28

Trade Mark Registration – What’s in a Name?

Sharon Givoni Consulting Intellectual Property, Trade marks

When we brand things, our brains perceive them as more special and valuable than they actually are. -MARTIN LINDSTROM The word ‘Nike’ with its ‘swoosh’ logo and the word ‘McDonalds’ with its ‘golden arches’ logo are examples of world-famous trade marks. So long as your business’ sign serves to indicate to consumers where the goods […]

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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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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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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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