Articles

Copyright and the News When Can the Media Use Your Content? Who this article is for This article is for photographers, visual artists, writers, small businesses […]

When Your Most Valuable Asset Is Invisible Why brands, content and systems drive value When people talk about building or selling a business, the conversation usually […]

Legally protecting your slogan A practical guide on creating taglines that you can trade mark In today’s crowded food market, a great slogan can be just […]

VCAT in Victoria: A Practical Guide for Small Businesses How VCAT in Victoria works and  what to expect from the process When a commercial dispute erupts, […]

Cyberbullying laws in Australia: What can you do?  Legal remedies for online harassment in Australia This article explains what “cyberbullying” actually means under Australian law (because […]

So You’ve Come Up With a New App Idea? What next? The legal issues that you need to think about as well One thing we can […]

Fields of Gold or Legal Minefield? Canola Photos, Trespass and the Law What photographers, influencers and travellers need to know before stepping into that yellow paddock […]

Beyond Logos: Famous Trade Mark Stories and Why They Matter From the Coke bottle to “Just Do It” – how you can make your brands valuable […]

Novel Foods, Old Laws: AI Desserts in Australia What happens when marketing meets the Food Standards Code From viral AI designed desserts to plant based “sausages”, […]

How far can you take creative claims? In a crowded market, bold claims can feel essential. You want to say your product is the “best”, “natural”, […]

The Branded Banana: How Wax‑Tipped Bananas Became Trade Marks If you’ve ever spotted a bunch of bananas with a bright red tip and wondered what on […]

Small Design, Serious Risk: Favicon Trade Mark Confusion Explained “From ‘It’ll Be Fine’ to ‘I Wish I’d Protected That’ What businesses need to know about tiny […]

Why Register a Trade Mark? “From ‘It’ll Be Fine’ to ‘I Wish I’d Protected That’ Real‑World Trade Mark Lessons for Business Owners” You’ve poured your heart […]

How “Innocent” Accessories Sparked a Record Button Battery Penalty Could Your Products Be the Next Button Battery Test Case? Who needs to read this? Directors and […]

How the Madrid Protocol works, when it makes sense, and where Australian businesses need to be careful Australian businesses are taking their brands overseas more than […]

Can You “Sit On” a Trade Mark? Use It or Lose It Under Australian Trade Mark Non‑Use Law Registering a great brand name and parking it […]

From Canvas to Crypto: What “Tokenising” Your Art Really Means A super‑simple guide for Australian artists who are used to galleries, not blockchains Most Australian artists […]

Organic food law in Australia: where do you actually stand? Let’s start from the start: what does the law actually say about the word “organic” in […]

What Australia’s New Social Media Laws Really Mean for Business Why “just checking age” can quietly create big privacy risks Australia’s new social media laws are […]

Who Owns Your Logo and Content? Copyright for Australian businesses using contractors What this article is about This article explains how copyright issues pop up in […]

Remixes and “messing around” with art This blog is about how everyday remixing of popular culture – from memes and mash‑ups to AI images and Etsy […]

Orphan works and online teaching What this blog is about This blog explains, in plain language, how Australia’s Copyright Amendment Bill 2025 will change the way […]

Can AI Name My Brand… And Do I Actually Own It? What Australian businesses need to know about AI‑brands and the law AI tools like ChatGPT, […]

The trouble with “may contain” statements “May contain” on food labels in Australia sounds simple – after all, it is only two words – but in […]

Is Your Peanut Warning a Help or Hurdle under the law? Looking at May Contain statements May Contain statements  and the law Peanut labelling law in […]

Food Labelling in Australia 101: What Food Businesses Need to Get Right Food labels in Australia are meant to guide consumers, not to trick them – […]

This blog is an updated version of an old post, click here to read the original. This article is relevant to: Owners of commercial print businesses […]

What “Vegan” Really Means in Australian Law “Vegan” and “plant‑based” used to be niche lifestyle terms tucked away on specialty products; now they sit in big […]

Why “Australian Made” On Food Is Not Just Marketing Slapping “Australian made” on a food label can feel like a no‑brainer. Consumers like it, retailers encourage […]

Protecting What’s Special Here’s a troubling thought: what if everything you’ve built—your brand, your reputation, your distinctive voice in the marketplace—could simply be taken or copied […]

That Comment About Your Competitor? It Might Be Illegal The Dangers of Airing Your Opinions on Social Media Here’s a troubling question that most social media […]

Copyright and Wrong: A Basic Guide for Designers Designers are working faster and sharing more than ever – logos whipped up overnight, mood boards on Pinterest, […]

Granola – Ordinary Language or Protected Trademark in 2026? Ordinary language and trade marks have always had an uneasy relationship. “Band‑Aid”, “Esky”, “Google”, “Jaffas”, “Thermos”, “Twisties” […]

Register or lose it! Protecting your furniture designs in Australia Have you ever wondered how some retailers can sell replica furniture and not seem to get […]

Caffeine Counts: Why Regulators Are Paying Attention This blog is for you if you are: a food or beverage brand (including energy, sports, or functional drinks) […]

DIY contracts, big regrets: why creatives should stop copying templates There is a special kind of 1am panic that only hits after you have copied a […]

Who owns what your freelancer creates? Many Australian business owners and creatives have been there: you pay a designer, photographer or copywriter, you love what they […]

Joint copyright with your ghostwriter: risks, rights and practical options Ever found yourself staring at a half‑finished manuscript and an even less finished ghost-writing agreement, Googling […]

Top 10 Trade Mark Mistakes Aussie Businesses Make (And How to Avoid Them) If you’ve ever typed “How do I protect my brand name in Australia?” […]

AI, the TGA and social media advertising for therapeutic goods in Australia AI, the Therapeutic Goods Administration (TGA) and social media now collide in ways that […]

Swipe right… on compliance (Making your escorting platform Legal) One of the more curious features of our species is how stubbornly desire finds a way around […]

Falling in love with your brand name (and why the law doesn’t always agree) Sub heading – Distinctive vs Descriptive: Naming Your Brand the Smart Way […]

Distinctive vs Descriptive: Naming Your Brand the Smart Way You’ve done it again. You’ve fallen for a name. Maybe it arrived on a sticky note in […]

Brains Before Bots: Sharon Givoni Consulting’s AI Policy AI is everywhere – in search engines, emails, and the apps you use every day. It’s also made […]

ChatGPT Can Chat. We Give Legal Advice At Sharon Givoni Consulting, many clients now arrive with something written by an AI system like ChatGPT or another […]

Responding to an Adverse Trade Mark Report in Australia Many Australian business owners file a trade mark with IP Australia and may be surprised to receive […]

Beware: Assigning Copyright and Losing Control of Your Work Sometimes, in the rush to “get the deal done”, creatives are casually asked, “Can you just assign […]

Procurement Pitfalls for Interior Designers: are you protected? Sharon Givoni recently wrote a guest article for The Design Coach that shines a light on one of […]

Viral Food Trends vs Australian Food Labelling Laws This article is for food brands, dessert bars, cafés, ghost kitchens, Instagram‑first food businesses, and the marketers and […]

How Does Australian Law Treat AI‑Enabled Goods and Services? This article is for Australian businesses that build, sell or rely on AI‑enabled goods and services – […]

Can your business train AI on content scraped from the internet? If you run a website, online platform or AI‑driven business in Australia, you might be […]

Photographers, Illustrators and Artists: Is Your Style Protected from AI? The explosion of artificial intelligence has brought extraordinary creative possibilities that we all know. At the […]

Scandalous or Just Cheeky? Getting Trade Marks Registered “How do I protect my brand name?” and “Can I register a trade mark if the name is […]

Promises, Promises – fine print and your legal rights in Australia Many Australian businesses – and their clients – have seen bold promises like “Guaranteed first‑page […]

Australian photographers have been watching AI headlines with a mix of fascination and dread. Questions like “Can AI companies just take my photos to train their […]

Can Surface Designers Use Online Images? Surface designers and illustrators often ask the same question: “If I find a beautiful image online, can I use it […]

What Can Go Wrong If You Send a copyright or trade mark threat and not use a lawyer? It’s only natural to feel wronged when you […]

How to Get a Solution When SEO Services Disappoint It’s a story many business owners know all too well. You sign up for an online advertising […]

Navigating Ghost-writing Contracts in Australia Many Australians search questions like “How do I protect my ideas when working with a ghostwriter?” or “What’s a fair rate […]

How can you  Protect Jewellery Designs in Australia? Jewellery design is more than just art—it’s the embodiment of brand, reputation, and creative soul. Whether it’s a […]

Procurement Risks for Interior Designers If you are an interior designer in Australia, there is a good chance you have asked yourself questions like, “Am I […]

Understanding Chain of Title for Australian Filmmakers “Show Me the Money”: What Filmmakers Ask Us About Having a Chain of Title “Houston, we have a problem”—it’s […]

How to Run Trade Promotions Legally in Australia From major supermarkets to local retailers, running a competition or prize draw can be a winning marketing move. […]

What Happens If Your Staff Misuse Company Information? A practical guide for Australian business owners — without the legal jargon If you run a business in […]

The law relating to AI-Generated Music in Australia If you’ve ever wondered “Can I copyright a song made with AI?” or “Am I risking a lawsuit […]

Why AI Can’t (Yet) Replace Your Lawyer Clients are asking us: “Can I use ChatGPT for legal contracts?” or “Are AI agreements legally binding in Australia?” […]

The Truth about “Vegan”, “Plant-Based” and “Natural” Labels in Australia If you’re a food manufacturer or creative brand owner, you might have searched: “Can I claim […]

Making Your Brand Stand (Distinctive not descriptive!) If you want your business to thrive in Australia, you might just need more than a logo or a […]

Privacy Law in Australia: What to Watch in 2026 If you’ve ever Googled “Do I have any real privacy rights in Australia?” or “How do I […]

Food Law: Who’s Responsible When Things Go Wrong? “Food is symbolic of love when words are inadequate.” — Alan D. Wolfelt Yet for food businesses, love […]

Why Copyright Law in Australia Protects Real Creations—Not Just Clever Concepts Ever wondered, “How do I protect my great idea?” or “Can I copyright a business […]

Worried about starting an escort business?  The legal side. …. Navigating the Nuances If you’ve ever googled “Is escorting legal in Australia?” or wondered “How do […]

Your Guide to Defamation Deadlines in Australia If you’ve ever Googled “How long do I have to sue for defamation n Australia?” or “Can I take […]

How to Legally Launch a Food Product in Australia Have you ever Googled, “How do I legally launch a new food product in Australia?” or, “What […]

What Should Be in My Procurement Agreement Who Should Read This? Interior Designers Architects & Project Managers Event Planners & Stylists Creative Agencies & Graphic Designers […]

Why do luxury brands keep getting sued in Australia? Luxury and retail brands in Australia are under more legal scrutiny than ever. The biggest issues often […]

What can I do if my reputation is being ruined online? Ever typed a gripe on Facebook? Commented on a heated Twitter thread? Maybe posted an […]

Music, Copyright Law and AI – how to protect yourself No one could argue that the digital age has always brought both promise and peril to […]

Can Your Product’s Shape Be a Trade Mark in Australia? Pop quiz: glance at a row of bottles with no names, no labels, no colour—would you […]

What the Government’s AI Decision Means for Creatives If you’ve spent the last year rolling your eyes at giddy tech headlines (“AI trained on ten billion […]

Read This If You Are… Are you a founder, manager, brand owner, or marketing team for any of the following? Skincare, beauty, or personal care brands […]

Are Influencer Testimonials for Skincare Now Banned in Australia? Scroll through social media on any given day and you’ll see influencers doing what they do best—making […]

Is Your Sunscreen Label Legally Sun‑Safe? What Australian Brands Need to Check Australia has a love affair with sunscreen — but lately, that love has been […]

Can Bandmates Use the Name After a Break‑Up? If you’ve ever sung along to “Reminiscing” or “Help Is on Its Way” on a Gold radio station, […]

Interior designers – Do you really need lawyers to do your contract? It happens to almost every designer at some point — you start out armed […]

Help! Someone Registered My Trade Mark as a Domain Name If you’re reading this, you may have just discovered that someone else has taken your brand’s name as a […]

What Can Do if Your Art or Photos are Altered? When artists talk to us about moral rights, it’s rarely abstract, excuse the pun. It’s the […]

How to Protect Your Ideas: A Step-by-Step Guide Have you ever had a great idea in the shower or on your morning walk — a new […]

Help! Someone Made a Fake Nude of Me—What Next? People often come to us in shock, urgently searching for answers to questions like, “Someone made a […]

Could It Be You Next? The law relating to Dangerous AI Images Imagine you’re just checking your phone, and out of nowhere, you see a photo […]

Interior Designers and Liability – don’t be left on the hook! At Sharon Givoni Consulting®, we’re often asked about liability when it comes to “Supply Only” […]

Fashion Law in Australia: Protecting Creativity and Brand Value in 2025 The Australian fashion world thrives on innovation—runways, social feeds, and e-stores are flooded daily with […]

Street Art Photography, Copyright Law and Your Rights in Australia If you’re an Australian photographer who loves the rush of snapping bold street art in Melbourne’s […]

Your Guide to Shooting Street Art in Australia If you’re a photographer dazzled by Melbourne’s vibrant laneways, there’s more to snapping street art than meets the […]

Don’t Skip the Trade Mark Search: Lessons from the “ZIP” Case Why the Firstmac v Zip Case Shows Why You Need a Trade Mark Lawyer The […]

Trade Promotions in Australia: Making Sense of the Maze Launching a competition can enhance engagement for any Australian business—think quick social giveaways, major brand prize draws, […]

Can common words like Bed & Bath be protected as brand names When is a “bed” not just a bed, and a “bath” not just a […]

The Internet and Social Media In our always-connected world, creative professionals face both opportunity and risk when sharing their work online. This refreshed version of Copyright […]

Australian Food Labelling Laws Australian food labelling laws are strict, detailed, and constantly evolving. Whether you’re a food manufacturer, importer, retailer, or café owner, complying with […]

Supplying Furniture: What Interior Designers Need to Know You’ve found the perfect piece for your client. You place the order, send your invoice, and everything looks […]

Originality in the Age of Algorithms and the Human Touch If you thought staying original meant just avoiding “Ctrl+C, Ctrl+V,” think again. In 2025, we’re living […]

How the New Privacy Tort Affects Creatives and Frankie Magazine We were recently asked by Frankie magazine to contribute to their “Strictly Business” column in light […]

Privacy Law for Artists We recently wrote an article for Frankie magazine about how Australia’s new privacy tort affects artists and photographers. In this extended version, […]

Can You Copyright a Recipe in Australia? A Legal Guide for Food Creators If you’re a chef, food blogger, stylist, photographer or food brand that shares […]

Laws of Photography in Public Spaces Published by Australian Photography, Sharon Givoni’s latest article considers the legal and ethical issues surrounding public photography in Australia. The […]

Beware of Hidden Traps in Trading Terms and Conditions: A Legal Guide for Furniture Designers Trading terms and conditions may seem like standard paperwork, but for […]

How Austaralia’s new privacy tort affects marketers, advertisers and photographers In today’s hyper-connected world, telling real stories is often the key to marketing magic. But where […]

What happens if your clients ask you to create ‘something similar’ Let’s start with a quote: “You can’t use up creativity. The more you use, the […]

Photographers vs. Algorithms: Who Wins the Copyright Battle? Sharon Givoni’s latest feature article, published by Australian Photography, explores the world of artificial intelligence and copyright in […]

Can I Be Sued for Taking Someone’s Photo? Amy was out walking her dog through Sydney’s Kings Cross when a stranger approached her. He was persistent, […]

Mind the “GAPP”: What to Do If the Privacy Act Doesn’t Apply to Your Business Are you a small business unsure whether the Privacy Act applies […]

Protecting Your Creativity: Why Copyright Matters for Australian Creators As a creator, your work is more than just what you produce—it’s your passion, your livelihood, and […]

First to Market? Here’s How to Stop Others From Copying Your Idea In our previous blog, Protecting Your Creative Business Ideas Legally (https://sharongivoni.com.au/protecting-your-creative-business-ideas-legally-from-lego-to-logos/), we explored the […]

Are Your Privacy Policies Compliant? Protect Your Business Under Australian Law Privacy. It sounds like a simple concept, right? Keep people’s information safe, don’t sell it […]

How to Avoid Your Brand Becoming Generic Get expert tips and real-life examples of trade marks that became everyday words, from Bubble Wrap to Sharpie. Imagine […]

Can Pseudonymisation Protect Your Business from Data Breaches? It has been said that “A good name is rather to be chosen than great riches” Proverbs 22:1 […]

Protecting Your Creative Business Ideas Legally – From LEGO to Logos Ideas are exciting. They spark innovation, fuel businesses, and bring creativity to life. But in […]

Manufacturing Agreements and the Law When Benjamin Franklin once said “The bitterness of poor quality remains long after the sweetness of low price is forgotten” what […]

AI and the Law: Key Legal Issues for Businesses and Creatives We are living in a world where artificial intelligence (AI) is transforming everyday life—from personalised […]

Selling Pet Food in Australia: What Are the Legal Traps to Avoid? In the world of pet food, it’s easy to get caught up in marketing […]

Legal Protection for Jewellery Designs Imagine spending months perfecting a jewellery design—painstakingly crafting every curve, detail, and texture to create something truly unique. Then, one day, […]

Copycat Products: What You Can Do If Someone Copies Your Design If you’ve ever walked into a store and thought, Wow, that looks just like my […]

Graphic Designers: Can You Use Images From the Internet? You’re a graphic designer on a deadline. A client wants a sleek, modern design, and you need […]

Copyright, famous paintings and Surface Designers Imagine this: You’re a surface designer, scrolling through Pinterest late at night, sipping your third coffee of the day and […]

Can You Use Images from the Internet? Imagine you are  scrolling through the internet and stumble across a perfect image of flowers. Vibrant, high-resolution, and exactly […]

Crumbl and Stumble: Pitfalls of Unauthorised Imports We have all heard the phrase: “There’s no such thing as a free lunch.” American economist Milton Friedman said […]

What can you do if someone defames you or uses deepfake? Deepfakes are becoming a huge issue and so is their potential for defamation. Imagine logging […]

Copyright or Wrong? What every writer needs to know Writers thrive on ideas—but copyright law protects the way those ideas are expressed, not the ideas themselves. […]

Why Every Interior Designer Needs a Solid Contract Imagine this. You’ve just completed the most breathtaking living room of your career—every detail curated to perfection. The […]

When House Brands Cross the Line: Aldi Breached Copyright Supermarket giant Aldi, renowned for its “like brands, only cheaper” ethos, has been ordered to pay damages […]

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 […]

From Zombies to Wizards: Copyright Law and Originality in Writing For writers, copyright law can play a significant role in protecting their original works and ensuring […]

Intellectual Property in Schools: Who Owns it – Employers or teachers? When it comes to intellectual property (IP) in schools, it’s not just lesson plans and […]

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 […]

From Lipstick to Medicine: The Legal Line Between Cosmetic and Therapeutic Products Are you confused about the difference between therapeutic goods and cosmetics? Don’t worry, you’re […]

The law around refunds in Australia: Some tips for online businesses Refunds are an important aspect of consumer protection in Australia, and it is crucial for […]

Pretty people and smiling faces: Understanding the Legal Risks of Paid Influencer Marketing It has been said that influencers offer a level of trust and authenticity […]

Locked Out of a Social Media Account & Defamation The words we use. AI and social media: Hate speech, defamation and algorithms. Platforms like Facebook, YouTube, […]

The Grace Period and Designs Law – What is it and why does it matter? If you are an industrial designer, and create product designs for […]

Amelia won a car in an online lottery, but it was taken away. Here’s what to look for if you’re entering a raffle From buying a […]

Legal Ease not Legalese. Plain English: What is it and why do we need when it comes to the law? By far one of my favourite […]

Trade Promotions & Lotteries – the Laws At Sharon Givoni Consulting we believe in proactive law which is based on the philosophy that legal knowledge is […]

Does your business have a good set of website terms and conditions? If not you need to read this… If your business is online, terms and […]

Dark Patterns: User interfaces that make consumers buy and buy more. What are the laws and are dark patterns illegal? Have you ever been in a […]

Decrypting Crypto Art: Is it a fad or is it here to stay? Since its very beginning, the rise of new digital technologies such as blockchain […]

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 […]

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 […]

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 […]

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 […]

Is Hemp Oil Legal in Australia? Very recently we were asked the question whether or not the sale of hemp oil is legal in Australia by […]

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 […]

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’ […]

Can emails make a binding contract? A lot of our clients regret sending an email offering something to another person thus potentially making a contract. In […]

Do You Own Your Life? This might be an intriguing title for an article because at first glance, of course you own your life – otherwise, […]

When is a blog defamatory? Most of us write blogs from time to time. Sometimes it is used in a manner to vent about our lives. […]

Pet Food Regulation Report 2019 Full Report Attached Below: Pet Food Report – Sharon Givoni Consulting – Download Pet Food Regulation Report 2019 – Australia Meat […]

Are you an Instagram Influencer? IP Legal Concerns For some, Instagram has become a career bringing in a steady income. Those with the skill (or luck) […]

Price Comparison Sites and Copyright – Protecting Your Database Lately, we have had a number of clients approach us and ask about the legality of their […]

They stole my photo! – Copyright Theft Many of you have probably at some point or another searched Google for an image and used it for […]

It’s not easy being Green Frucor Beverages Limited, the maker of ‘V’ Energy Drinks recently lost a six year legal battle to register a trade mark […]

What happens if you don’t use your trade mark? Can it be taken away? Apparently, the answer is yes. But there are conditions. The mark must […]

Demystifying the magic of unfair contract terms Unfair contract terms are something we are all wary of and most of us have probably been victim to […]

Employee or a Contractor – Contractual Differences These days there is a blurred line as to whether you are legally considered an employee or a contractor. […]

Louboutin Red Sole, Can It Be Trade marked? High heeled woman’s shoes with a distinctive red sole, that is the image of none other than classic […]

“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 […]

Creativity, Originality and Copyright Law There is a lot of information involved when it comes to creativity, originality and copyright law. Clients often ask us what […]

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 […]

Employees and Personal Emails – Breaching Employer Intellectual Property? Employers beware – employees and personal emails could be breaching your IP! One question we often get […]

Plain Packaging and Tobacco – We’ve Got It Covered Australia’s law goes much further than the advertising bans and graphic health warnings seen in other countries […]

Organic Claims – Legal Requirements for Labelling and Packaging As ‘Organic’ products attract a premium price it is not surprising that many businesses want to use […]

Bad Faith Trade Mark Registration in Australia Registering a trade mark is the most effective way to protect your brand name and other elements of your […]

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 […]

David vs Goliath: Trade mark battle with ZARA ZARA vs ZARY On the 19th of April 2018, Sharon Givoni was interviewed for A Current Affair over […]

Can You Protect Your Book Title? Copyright and Trade Mark How to Protect Your Book Title In our law firm, we often get asked by authors […]

Unfair contract terms – how could they affect you? If you run a business in Australia—whether large or small —you need to be aware the unfair […]

Copyright your Craft: An event held by Craft Victoria On Thursday, 17 May 2018, as part of Law Week, Craft Victoria held a panel discussion to […]

Pet Food Packaging: Legal Requirements in Australia Starting a pet food business in Australia? Over the years we have had a number of clients come in […]

Replica furniture – is it legal? Unsurprisingly, the growth of replica furniture industry has grown over the years. An example of this is the replicas of […]

Stranger things have happened – Netflix writes funny cease and desist letter When Sheriff Hopper knocks – Netflix cease and desist letter gets media attention The […]

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 […]

Branding Laws Packaged and Gift-Wrapped Was your product copied, or does a competitor’s packaging look suspiciously close to yours? Or maybe you’re worried your own design […]

Social Media Influencers – To post or not to post, that is the question The reality is that everyone needs to post, gram and/or tweet to […]

Protecting yoga and dance moves – How far can you stretch copyright law? Imagine this scenario. You come up with an amazing sequence of 26 yoga […]

Alice in Merchandise-land – the value of character and celebrity merchandising The value of celebrity endorsements on food advertising, packaging and labelling is indisputable, whether it […]

Close your eyes, and give me the coke bottle How to avoid legal issues when it comes to packaging. Attention all packaging designers, this is for […]

Don’t be fooled, plain packaging is anything but plain This article discusses the legalities of plain packaging for cigarette companies Takeaways Plain packaging was introduced to […]

Superfood or superfool – the legal lowdown on using this name Blueberries, goji berries, chia seeds, acai berries and of course, kale! These are the superfoods […]

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 […]

Legal perils to avoid when using social networks This article considers copyright for businesses in relation to social media. Issues explored include: Who legally owns a […]

Why being ‘pretty sure’ is not enough to justify threats of copyright infringement Find out what you need to do legally before threatening copyright infringement Take […]

Avoiding the Gaps in the Copyright/Design Overlap Takeaway tips: The copyright/design overlap aims to deal with and eliminate dual protection under copyright and design law. Don’t […]

Copyright or Wrong – Ownership Issues Copyright is one of those legal topics that seems straightforward—until it isn’t. In Australia, copyright ownership can quickly become a […]

Ensuring your Soft Drink Brands Sparkle not Fizzle This article examines some dos and don’ts when it comes to trade mark protection for beverages considering real […]

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 […]

Copyright And Wrong? Copyright or Wrong? You work it out with this short introduction to the rules, by Sharon Givoni*. Content on the internet is not […]

Social media trade promotions – tips and traps Online promotions and competitions can be an effective way to boost exposure to your brand and engage with […]

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, […]

Lessons From The UGG Boot: Why Protecting Your (Global) Brand Is Paramount A little-known fact that most business owners aren’t aware of is that just because […]

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 […]

Chinese Fakes. What can you do about them? If you run an Australian business and sell anything with a design, logo, or brand name, you may […]

Lifting the blinds on copyright law If you sell products that feature original prints, patterns or photos—whether that’s curtains, fashion items, homewares, or even stationery—there’s a […]

Contract Law for Designers This is an updated version of an old post, click here to see the original. Copyright, Clients and Getting Your Agreements Right […]

Legal Battle of the Bulge You’ve seen the labels: “guilt-free,” “99% fruit,” “natural,” or “low fat.” They promise a slimmer waistline or a healthier lifestyle—but what […]

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 […]

Preventing Copycats: Weaving Through the Legals This is an updated version of an old post, click here to see the original. Protecting creative products under Australian […]

Street Art, Copyright, and Photography in Australia: Incidental vs Featured — What Every Photographer Should Know Street art lures photographers for its vivid impact. However, while […]

Print & Pattern Protection In the fashion world, prints and patterns are often what make a garment stand out. From bold graphics on t-shirts to floral […]

Textile Designers, Copyright & the Internet: Unravelling some common myths “The most innovative and progressive space we’ve seen – the Internet – has been the place […]

Protecting stripes as trade marks? Adidas did… In fashion and design, sometimes the simplest details speak the loudest. A few parallel stripes on a shoe, a […]

Sharon Givoni Unpacks the Legal Dangers of Social Media for Fashion Labels Social media is fashion’s favourite runway. It’s instant, it’s visual, and it’s global. But […]

SMILING FOR THE CAMERA! This is an updated version of an old post, click here to see the original. Your brand, their face — getting image […]

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 […]

The Butterfly Effect This is an updated version of an old post, click here to see the original. When Similar Designs Aren’t Copyright Infringement In fashion, […]

Farmers See Red Over Purple Wax Tip – How Far One Woman Went This is an updated version of an old post, click here to see […]

Celebrity Endorsement – Navigating the Minefield This is an updated version of an old post, click here to see the original. Celebrity Images, Brand Endorsement and […]

Threading IP Law together for Beaders This is an updated version of an old post, click here to see the original. How Australian Beaders and Jewellery […]

Australian Dairy Foods – A dairy brand by any other name… This is an updated version of an old post, click here to see the original. […]

How to Protect Your Movie and Film Titles in Australia This is an updated version of an old post, click here to see the original. Choosing […]

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 […]

Exaggerating the Truth or Misleading : A Legal Perspective This is an updated version of an old post, click here to see the original. What Australian […]

Cats Do Love the Colour Purple This is an updated version of an old post, click here to see the original. How Brand Colours Become Trade […]

How far can you take creative claims? This is an updated version of an old post, click here to see the original. Can AI Get Too […]

How far can you take creative claims? Practical guide to puffery, misrepresentation and misleading advertising claims in Australia This is an updated version of an old […]

Maltesers take on Malt Balls over their packaging Packaging is more than a container—it could easily be described as a silent salesman. Colours, typography, and imagery […]

Food&Drink Business Magazine – Courts Deny Nestle This is an updated version of an old post, click here to see the original. How chocolate shapes, colours […]

Food & Drink Business Magazine – Can you replicate overseas products This is an updated version of an old post, click here to see the original. […]

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 […]

Green Marketing Legal Boundaries This is an updated version of an old post, click here to see the original. Why “overall impression” matters On any food […]

The Fine Line Between Copyright Infringement and Artistic Creativity This is an updated version of an old post, click here to see the original. If you […]

The Case for Binding Contracts This is an updated version of an old post, click here to see the original. When Clients Love Your Work but […]