Creativity, Originality and Copyright Law
Jul / 10

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 […]

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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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Employees and Personal Emails - Breaching Employer Intellectual Property?
Jun / 29

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 […]

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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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Organic Claims - Legal Requirements for Labelling and Packaging
Jun / 26

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, […]

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Bad Faith Trade Mark Registration
Jun / 18

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 […]

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Copyright Infringement and Music
Jun / 06

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 […]

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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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protect your book title
May / 29

Can You Protect Your Book Title? Copyright and Trade Mark

Sharon Givoni Consulting Intellectual Property, Protecting ideas

How to Protect Your Book Title In our law firm, we often get asked by authors whether and how they should protect their book title. Sometimes the problem is that two people in the world have the same book title for a different book. Other times authors just wish to exercise caution. In order to […]

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May / 28

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 […]

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