Articles
Tag Archives: Misleading or deceptive conduct
I Like Your Style: The Blurred Lines Between Artistic Expression and Copyright Law
Sharon Givoni Consulting Copyright
As copyright lawyers, often we get asked whether artists can stop someone else from copying their style. To that I say: Let’s get one thing out of the way first – all artists are unique in their own right and often an artists’ style defines their art – whether they are painters, sculptors or writers […]
Pet Food Packaging: Legal Requirements in Australia
Sharon Givoni Consulting Intellectual Property
Starting a pet food business in Australia? Over the years we have had a number of clients come in to see us to review their pet food packaging and to make sure it is compliant with all pet food labelling regulations and standards. One of the issues that can be problematic is when people make […]
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, […]
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 […]
Exaggerating the Truth or Misleading : A Legal Perspective
Sharon Givoni Consulting Consumer Law
This article was specifically written for the real estate industry and looks at terms such as “for illustration purposes only” and use of images that may be considered misleading … You may be surprised. Read more…
Good Enough to Eat
Sharon Givoni Consulting Photography
Food photography often makes food look delicious. But did you know they use motor oil and super glue to achieve those affects? Moreover there is also the question of to what extent the law allows you to meddle with food and present is as the “real thing”. Read more…
How far can you take creative claims?
Sharon Givoni Consulting Food Law
Praising your food products is one thing… but there can be a fine line between exaggeration and contravening the law. The old Trade Practices Act and new Competition and Consumer Act 2010 lay down very strict rules on what claims you can legally make. This article looks at real life case studies covering descriptors such […]
Making a case for accurate claims
Sharon Givoni Consulting Consumer Law
Food manufacturers are always trying to boast the health attributes of their products. The question is how far is too far? When does the law say its misleading? Companies such as Arnott’s, Uncle Toby’s and smaller operators have been under the scrutiny of consumer groups and the ACCC. Read more…
Maltesers take on Malt Balls over their packaging
Sharon Givoni Consulting Packaging
Chocolate trade mark case brings no sweet success to Mars in a legal battle involving Maltesers and chocolate “Malt Balls”. The court held that although the packaging of both pictured floating malt balls, Maltesers were so famous in their own right that there was passing off or misleading conduct as no consumer confusion arose. Read […]
Food&Drink Business Magazine – Can you replicate overseas products
Sharon Givoni Consulting Packaging, Trade marks
Many clients ask if they can just simply copy a product and brand from overseas. The answer is not clear cut and depends on the facts including if the overseas mark has been used in Australia as a trade mark. Read more…