Articles
Tag Archives: Trade mark registration
Diamonds May Be a Girl’s Best Friend, But Is the Law? – Protecting Your Jewellery Designs
Sharon Givoni Consulting Arts and design
Jewellery designs are a labour of love and beauty which form the foundation of any business – and to see that your designs ripped off can make a heart sink like a 24-karat rock. In our experience, jewellers tend to make the mistake of a reactive rather than proactive approaches to protecting their designs. We […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
Granola
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 […]
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 […]