Articles
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 […]
Can Emails Make A Binding Contract?
Sharon Givoni Consulting Intellectual Property
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 other words, can a set of emails make a binding contract per Australian law? Well the simple answer is, yes. The recipe for a binding contract requires at minimum […]
Do You Own Your Life?
Sharon Givoni Consulting Intellectual Property
This might be an intriguing title for an article because at first glance, of course you own your life – otherwise, who else would? But this is more a question of do you own the story of your life? Taking that a step further, how would you feel if someone else came along, say, an […]
When is a blog defamatory?
Sharon Givoni Consulting Intellectual Property
Most of us write blogs from time to time. Sometimes it is used in a manner to vent about our lives. However, depending on the nature of the blog post, you could be facing potential legal risk. Thus the question you may have asked yourself, is my blog defamatory? Defamation unlike other areas of law […]
Pet Food Regulation Report 2019
Sharon Givoni Consulting Intellectual Property
Full Report Attached Below: Pet Food Regulation Report 2019 – Australia Meat used as pet food (also termed as pet meat) is regulated in every state and territory of Australia except for Australian Capital Territory. Every state and other territories require that knackeries, butcher shops, animal food processing plants and meat processing plants hold an […]
Are you an Instagram Influencer? IP Legal Concerns
Sharon Givoni Consulting Intellectual Property
For some, Instagram has become a career bringing in a steady income. Those with the skill (or luck) to amass a hoard of followers have vast potential to a sizeable living from paid promotions. However, before uploading your next post to Instagram to be seen by millions, there are a few influencer legal concerns that […]
Price Comparison Sites and Copyright – Protecting Your Database
Sharon Givoni Consulting Intellectual Property
Lately, we have had a number of clients approach us and ask about the legality of their online businesses. Particularly in respect to price comparison and directory websites. The question arises whether the use of other company information and things such as logos in comparison tables, charts or compilations is a breach of copyright. Copyright […]