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Dark Patterns: User interfaces that make consumers buy and buy more. What are the laws and are dark patterns illegal?
Sharon Givoni Consulting Consumer Law, Intellectual Property, Internet Law
Have you ever been in a situation where you are buying things online and find it really easy to sign up but a real challenge to get out of it? Maybe an online subscription service for example that makes it difficult for users to cancel? Other examples of dark patterns that internet users may come […]
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 […]
Decrypting Crypto Art: Is it a fad or is it here to stay?
Sharon Givoni Consulting Copyright, Intellectual Property, Trade marks
Since its very beginning, the rise of new digital technologies such as blockchain have made all of us sit up in our seats and wonder – what does this mean for us and our daily lives? Nowhere is this more true than the recent explosion of Non-Fungible Tokens (or ‘NFTs’) in the digital art world. […]
Getting it “White” – White Label Agreements and the Law
Sharon Givoni Consulting Commercial and Contracts
What is a ‘White Label’? At its essence, a white label arrangement is where one business provides goods or services which are then sold by another business under the latter’s own brand name. This strategy is becoming increasingly common with the explosive growth of the e-commerce market. Such an arrangement allows companies to readily expand […]
Same Same, but Different Different
Sharon Givoni Consulting Intellectual Property, Trade marks
Can two businesses use the same Brand Name? You have started a company under a snazzy brand name, but a google search shows that the name has already been in use by another company – and they’ve trademarked it. So the big question is, can two businesses use an identical brand name? Many of you […]
Ghostwriting and Copyright in Australia
Sharon Givoni Consulting Intellectual Property
Who Owns Copyright – Ghostwriting There is a good chance that if you are reading this you have either entered into a ghostwriting agreement or are considering hiring a writer to create that story you have been burning to tell. However, you probably also wish to know if getting someone else to write said story […]
Can They Do That? – Unfair Dismissal in Australia
Sharon Givoni Consulting Intellectual Property
Unfair Dismissal – Now What?! So, you think you are about to be fired or have just been handed a pink slip. You’re probably thinking, now what? If you believe your untimely firing was harsh, unjust or unreasonable you may have been unfairly dismissed. Losing your job can be a really difficult and very stressful […]
Lost in Translation? Trade Marking Foreign Words
Sharon Givoni Consulting Intellectual Property
Lost in Translation? Trade Marking Foreign Words Australia is a vibrant and multicultural country. We recently received an inquiry from a client about whether they can seek trade mark protection of a word in a foreign language. Generally, to enjoy trade mark protection, your trade mark must be capable of distinguishing your goods and/or services […]
Colour Confusion – Beyoncé x Adidas x Popeyes
Sharon Givoni Consulting Intellectual Property
If you like it then you shoulda put a trade mark on it! Beyoncé has recently collaborated with sports label giant Adidas to launch a new clothing line of athleisure pieces and the maroon and orange colour scheme seems to have caught the attention of the beloved American fast-food chain, Popeyes. The chicken chain served […]
Nestlé v Yarra Valley Chocolaterie – In A Spot Of Trouble
Sharon Givoni Consulting Intellectual Property
Hey there Freckle Face, you better stop using my trade mark! Victorian family business, the Yarra Valley Chocolaterie, has found itself in a ‘David v Goliath’ battle against world-renown chocolate and confectionary brand Nestlé for use of the term FRECKLES in several of its yummy chocolate treats. Nestlé has registered the word FRECKLES under trade […]