Tag Archives: Passing off

I Like Your Style: The Blurred Lines Between Artistic Expression and Copyright Law

Sharon Givoni Consulting Copyright

As copyright lawyers, often we get asked whether artists can stop someone else from copying their style. To that I say: Let’s get one thing out of the way first – all artists are unique in their own right and often an artists’ style defines their art – whether they are painters, sculptors or writers […]

Read more

Ensuring your Soft Drink Brands Sparkle not Fizzle

Sharon Givoni Consulting Food Law

This article examines some dos and don’ts when it comes to trade mark protection for beverages considering real life cases concerning brands such as “Cranberry Classic”, “Crantastic”, “Ruby’s Red”, the “NES” family of Nestle trade marks and Boost juice marks. The strongest form of legal protection you can have for your brand in Australia is […]

Read more

Maltesers take on Malt Balls over their packaging

Sharon Givoni Consulting Packaging

Chocolate trade mark case brings no sweet success to Mars in a legal battle involving Maltesers and chocolate “Malt Balls”. The court held that although the packaging of both pictured floating malt balls, Maltesers were so famous in their own right that there was passing off or misleading conduct as no consumer confusion arose. Read […]

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…

Read more