Articles
Trade Mark Registration – What’s in a Name?
Sharon Givoni Consulting Intellectual Property, Trade marks
When we brand things, our brains perceive them as more special and valuable than they actually are. -MARTIN LINDSTROM The word ‘Nike’ with its ‘swoosh’ logo and the word ‘McDonalds’ with its ‘golden arches’ logo are examples of world-famous trade marks. So long as your business’ sign serves to indicate to consumers where the goods […]
Social Media Policy in the Workplace – Who Owns an Account?
Sharon Givoni Consulting Copyright, Intellectual Property, Internet Law, Social Media
We all know that social media accounts can be a valuable asset to any business. In the early days when an account was linked to a person, ownership questions were far less contentious. However, those days are long gone, and the revenue stream which comes from social media connections means that the ownership of those […]
A Short Guide to Copyright Law in Australia
Sharon Givoni Consulting Arts and design, Copyright, Intellectual Property, Protecting ideas, Street art
Only one thing is impossible for God: to find any sense in any copyright law on the planet.[1] – MARK TWAIN As the famous quote by nineteenth-century author Mark Twain suggests, and this guide will demonstrate, copyright may be a complex area of the law, but the underlying message is quite simple: don’t copy! The […]
Photography without Permission: Is it Always Legal to Snap?
Sharon Givoni Consulting Copyright, Intellectual Property, Photography
Many people believe that photographing people without their knowledge or consent is an invasion of privacy and therefore against the law. However, you might be surprised to learn that leaving aside the moral issues that this might raise, in Australia photography without permission it is (on the face of it) perfectly legal. This issue has […]
BRANDING LAWS PACKAGED AND GIFT-WRAPPED
Sharon Givoni Consulting Intellectual Property, Packaging, Protecting ideas, Trade marks
Only a century ago, the attraction of consumer products was in their practical application. Soap, for example, was originally packaged in anonymous greyish bars and purchased by consumers purely for its cleaning attributes. Now, soap promises so much more – it exfoliates and softens, refreshes and revitalises (Norsca), doubles up as a “beauty aid” (Dove) […]
Protecting yoga and dance moves – How far can you stretch copyright law?
Sharon Givoni Consulting Copyright, Intellectual Property, Protecting ideas
Imagine this scenario. You come up with an amazing sequence of 26 yoga poses and an accompanying dialogue so that yoga class could be taught throughout the world. People could go to a class in Australia or LA and know it would pretty much be the same. This is exactly what happened to well-known Indian […]
Alice in Merchandise-land – the value of character and celebrity merchandising
Sharon Givoni Consulting Consumer Law, Entertainment Law, Food Law, Intellectual Property, Packaging, Protecting ideas
The value of celebrity endorsements on food advertising, packaging and labelling is indisputable, whether it be Jamie Oliver with his range of products, George Clooney for Nespresso or Serena Williams for Gatorade (and Nike… and Berlie… and…) Take-Away Tips for your business The use of images of fictional beings on products, such as cartoon characters, […]
Close your eyes, and give me the coke bottle
Sharon Givoni Consulting Consumer Law, Food Law, Intellectual Property, Packaging, Protecting ideas, Trade marks
How to avoid legal issues when it comes to packaging Attention all packaging designers, this is for you. Before you launch your new product with shiny new packaging, it is important to consider whether you could be infringing someone else’s trade mark rights, engaging in misleading or deceptive conduct or passing off. In Australia, aspects […]
Don’t be fooled, plain packaging is anything but plain
Sharon Givoni Consulting Consumer Law, Packaging, Retail and fashion Law
This article discusses the legalities of plain packaging for cigarette companies Takeaways Plain packaging was introduced to reduce the attractiveness and appeal of tobacco products. The numerous specific and detailed requirements make plain packaging legislation is difficult to navigate without legal advice. Failing to comply with plain packaging legislation can result in product recalls […]