Articles
Brand protection for designers
Sharon Givoni Consulting Retail and fashion Law, Trade marks
While imitation may well be the greatest form of flattery it is certainly not much fun when it is your garment or brand name that is copied by others. In this article Sharon Givoni covers what makes a strong trade mark from a trade marks perspective, some considerations if you expanding your fashion label internationally […]
Food&Drink Business Magazine – Courts Deny Nestle
Sharon Givoni Consulting Food Law, Trade marks
This article looks at the way Nestle tried to register its four bar chocolate shape as a trade mark and what the trade mark office said when Aldi (which produces its own two bar wafer chocolate called Time Out). Read more…
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…
Would the real Zara please stand up?
Sharon Givoni Consulting Retail and fashion Law, Trade marks
Many textile and fashion designers use, or incorporate their own name into their brands. Take Zara, Davenport, Elle McPherson and Collette Dinnigan to name a few. The more unique the fashion label is, usually the safer you are from “copycats”. However, legal battles can arise if two designers use similar names. Read more… Note the […]
Green Marketing Legal Boundaries
Sharon Givoni Consulting Packaging
Phrases such as “Nature’s friend”, green packaging and recycling symbols are often used to show that a product is green. However there are some traps to avoid under the law when doing this. If you claim that your product is “legally” environmentally friendly you should read this article. Read more…
Unauthorised Photographs on the Internet
Sharon Givoni Consulting Internet Law
There is no blanket law specifically stopping you from photographing others without their consent. However, specific laws may apply to the situation depending on the context. Read more…
Ensuring Sweet Success with your Brand
Sharon Givoni Consulting Food Law, Trade marks
In the area of confectionery a trade mark plays a crucial role. This article goes through useful tips you need to know to protect your brand with a whole list of useful tips at the end. Read more…
Inspiration… or Rip Off?
Sharon Givoni Consulting Arts and design, Copyright
We all get inspirited by one thing or another in life including when we create art works such as drawings and photographs. Madonna got inspired by a famous fashion photographer some years ago when creating one of her video clips and then threatened with legal action. Read more…
The Fine Line between Copyright Infringement or Artistic Creativity
Sharon Givoni Consulting Arts and design, Copyright
This article looks at what happened when the owners of the Barbie doll (Mattel) took a photographer to court over the “creative” use of Barbie in a bold and daring set of photographers featuring Barbies cooking in a casserole dish and in a fondue pot. The fair use defence under copyright law came into play […]
The Case for Binding Contracts
Sharon Givoni Consulting Arts and design, Copyright
Read how the owner of a holiday resort thought that they could use the photographer’s commercial images of the report without paying him. The court punished them even more because they had ignored the letters from the photographer asking for payment. Lucky for the photographer, he had a contract with them that set out what […]