Articles
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, […]
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 […]
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 […]
Superfood or superfool – the legal lowdown on using this name
Sharon Givoni Consulting Consumer Law, Food Law, Packaging
Blueberries, goji berries, chia seeds, acai berries and of course, kale! These are the superfoods which are going to make you healthier, happier, smarter and just all round better, or so they say. However, before you start spruiking your new superfood from the pristine Amazon rainforest, stop to make sure you do not make yourself […]
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, […]
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 […]
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 […]
Copyright or Wrong – Ownership Issues
Sharon Givoni Consulting Arts and design
This article considers copyright considers for photographers including how long copyright lasts for, what can be protected and how. Firstly, what is copyright? Copyright is a generic term that covers the rights of creators of ‘works’ including photographs, drawings, painting and artworks, literature, music, films and written works. A clear distinction exists between the copyright […]
Ensuring your Soft Drink Brands Sparkle not Fizzle
Sharon Givoni Consulting Food Law
This article examines some dos and don’ts when it comes to trade mark protection for beverages considering real life cases concerning brands such as “Cranberry Classic”, “Crantastic”, “Ruby’s Red”, the “NES” family of Nestle trade marks and Boost juice marks. The strongest form of legal protection you can have for your brand in Australia is […]