Articles

The Hidden Risks of Trade Promotions in Australia Trade promotions are everywhere. From “Win a Car!” supermarket competitions to Instagram giveaways. But what many people don’t […]

When Trade Marks Are Too Close for Comfort Trade marks are the foundation of brand identity, but what happens when one trade mark comes too close […]

Navigating Copyright for Creatives: Protect Your Artistic Vision In the ever-evolving world of art, graphic design, and surface design, copyright law often feels like a distant […]

Copyright Law – Can Artists Copy Photos? Imagine a budding artist inspired by a photograph of a hibiscus in full bloom—a dazzling image of vibrant petals […]

Can You Copyright a Recipe? We are going to start with a bit of a fun scenario but not one that is unrealistic. Imagine that a […]

Filing your own trade mark – things can go wrong We will start here with a simple scenario. Imagine you’re a business owner with a product […]

Do Your Trade Marks Pass the Sniff Test? Move over logos and jingles; there’s a new trade mark contender in town: the humble (or not-so-humble) scent. […]

What Website Owners Need to Know About New Social Media Age Rules New Social Media Age Limit Rules Imagine a world where social media companies are […]

Use It or Lose It: What Happens When a Trade Mark Collects Dust? What’s in a name I hear you ask? Well, sometimes, everything. To get […]

The Many Faces of Australian Privacy Law: A Case Study Perspective We will start at the start and that is by understanding why privacy laws matter […]

Inspiration vs. Perspiration: which one will it be? We have all been there. You’ve poured your heart into your work. Countless hours, sketches, prototypes, and dreams. […]

Product Packaging and the Law: What’s Fair Game? Let’s set the scent… You are a small drink company in Israel with a fresh product—a uniquely shaped […]

When Does Online Defamation Cross the Line? A Look at “Serious Harm” in Australian Law Picture this… You’re scrolling through Facebook when you see a post […]

Stay Legal, Stay Safe: IP Compliance for Importers Thinking of bringing in some stylish jewellery, chic clothing, or must-have lifestyle goods from overseas? Fantastic! But before […]

IP Procurement: What does it mean for you? In the fast-paced world of business and intellectual property (IP), staying on top of trends can be really […]

Same same but different – when you choose the same brand as someone else’s You’ve developed a brand you love and want to protect it with […]

A Hypothetical Case of Copycat Couture Imagine you are an Australian designer with a fresh collection ready to make waves. Soon after the launch, you spot […]

From Titles to Trade Marks: When Names Become Brands Imagine you’re browsing a bookstore and come across a Mr. Men or For Dummies book—series so familiar […]

Is AI Stealing Your Style? Navigating Copyright in the age of AI Artists are concerned. In an advancing world of technology, one question stands out: Is […]

Iconic Imagery or Legal Liability? Using Art and Icons in Products This article was written by Sharon Givoni, Principal Solicitor of Sharon Givoni Consulting, to explore […]

The Case for Plain English in Law This article was written by Sharon Givoni, Principal Solicitor of Sharon Givoni Consulting, for a talk presented at Leo […]

What can you do legally if your SEO people get it wrong? Let’s meet Emma, who runs a boutique clothing store in Melbourne. Her online sales […]

Beyond the Fine Print: Decoding Indemnity Clauses We often hear the term indemnity when discussing contracts, but do we know what it truly means? Indemnity clauses […]

Navigating Copyright for Creatives In the intricate tapestry of artistry, legal considerations might seem like a distant concern. However, the world of creativity is interwoven with […]

Navigating Legal Aspects of Creative Business Rebranding – Insights by Sharon Givoni If you’re in the process of rebranding your creative business, you may want to […]

Barking up the Right Tree: Navigating the Law around Pet Food Claims Did you know that dogs are Australia’s most popular pet, with owners spending over […]

AI and Copyright in Australia: What Artists and Businesses Need to Know Let’s get straight into two hypothetical scenarios that illustrate the issues at play when […]

Imagine this scenario. Anne, renowned for her captivating two-tone fruit and flower artworks, recently found herself facing a disheartening challenge. Her unique style, characterised by its […]

Imagine a hypothetical scenario where an Archibald Prize winner, celebrated for their unique artistic contributions, discovers their style has been replicated by an AI to create […]

Introduction In the kaleidoscopic world of design, surface designers craft with colours and shapes, transforming plain surfaces into realms of imagination across fashion, home décor, and […]

Transforming the Cosmetic Injectables Landscape – New TGA Regulations The world of cosmetic injectables, including popular treatments like Botox and fillers, has been booming. Clinics across […]

Global Copyright: Navigating the Berne Convention Have you ever poured your heart and soul into writing song lyrics, only to find them echoed in someone else’s […]

Understanding Copyright Law and the Berne Convention Have you ever poured your heart and soul into writing song lyrics, only to find them echoed in someone […]

Hitting the right note with copyright law: What do to if Your Song Lyrics Are Copied Have you ever poured your heart and soul into writing […]

Creating Sub-Brands: The Power of Family Trade marks In the world of branding and intellectual property, a powerful strategy we often advise on is the use […]

Barbie, Licensing, and Lessons for Your Business Who would have thought that a doll with impossibly arched feet could teach us so much about licensing and […]

Navigating the Fine Line of Parody and Copyright Infringement The landmark AGL v Greenpeace case highlights the complex intersection of copyright, trade mark law, and creative […]

IP Law in Plastic – It’s Fantastic! A Mattel Masterclass in IP Law When you think of Barbie, what comes to mind? A doll that’s shaped […]

Designing Spaces: The Legal Perspective for Architects and Interior Designers In the world of design, architects and interior designers often collaborate to create spaces that are […]

I Like Your Style: The Blurred Lines Between Artistic Expression and Copyright Law As copyright lawyers, often we get asked whether artists can stop someone else […]

Trade mark owner of PROTOX is all frowns after court decision: What happens if you think someone has copied your trade mark? In Australia, the test […]

Restraint of Trade Laws in Australia: What You Need to Know Restraint of trade laws are a crucial aspect of business law in Australia and most […]

“Winner Winner Chicken Dinner” – The law and Online Competitions Picture this: a small business owner launches an online contest offering a luxury weekend getaway as […]

Music: When Inspiration Becomes Imitation (copyright) Music is a powerful force, capable of moving us, inspiring us, and even sparking legal battles. When it comes to […]

Interview on Intellectual Property Law and Fashion Design for the ABC Sharon Givoni was recently interviewed for the ABC in relation to how IP laws in […]

Trade Mark Registration – What’s in a Name? “When we brand things, our brains perceive them as more special and valuable than they actually are.” – […]

Social Media Policy in the Workplace – Who Owns an Account? We all know that social media accounts can be a valuable asset to any business. […]

A Short Guide to Copyright Law in Australia Only one thing is impossible for God: to find any sense in any copyright law on the planet. […]

Photography without Permission: Is it Always Legal to Snap? Many people believe that photographing people without their knowledge or consent is an invasion of privacy and […]

Use It or Lose It: Don’t Let Your Trade Mark Be Removed At Sharon Givoni Consulting, we’re all about protecting your ideas and ensuring your trade […]

Avoid having your ideas ripped off: Be proactive not reactive Imagine that you have designed a new fabric pattern. You are getting ready to release it […]

When the Wet Paint is Protected by Copyright Street art has long been celebrated for its vibrancy and ability to transform urban landscapes, but its rise […]

Social Media – Trade Promotions Tips & Tricks Online promotions and competitions can be an effective way to boost exposure to your brand and engage with […]

Website terms and conditions – what you need to know This article considers the legalities of website terms and conditions of websites including consumer laws, warranties, […]

Signed, sealed, delivered Do you know your rights and responsibilities when it comes to contract law? Intellectual property lawyer Sharon Givoni outlines five different types of […]

Inspiration vs Perspiration – The Basics of Copyright with Sharon Givoni Copyright protection springs to life once a work is created and reduced to some sort […]

Shooting in Public Places (Part 2) While there is a popular conception that is a free world and you can freely photograph anything so long as […]

Photography and the Law (Part 1) Is it legal to photograph someone in a public place without their permission? This article addresses some common misconceptions and […]

Street Art: Another Brick in the Copyright Wall Street art is colourful, raw, witty and thought-provoking and increasingly becoming a potential source of income for artists […]

Would the real Zara please stand up? Many textile and fashion designers use, or incorporate their own name into their brands. Take Zara, Davenport, Elle McPherson […]