Articles
Tag Archives: Registrability
Lessons From The UGG Boot: Why Protecting Your (Global) Brand Is Paramount
Sharon Givoni Consulting Retail and fashion Law
A little-known fact that most business owners aren’t aware of is that just because a word is a cultural icon, this does not mean they are free for public use as a trade mark. In Australia alone, there have been many cases of iconic words or sayings that have been registered as trade marks, which […]
Protecting stripes as trade marks? Adidas did…
Sharon Givoni Consulting Retail and fashion Law
Creating a signature style for your clothing or footwear ranges can set you aside from the competition and even something as a few stripes on a shoe, if consistently used, can over time become a recognisable brand. If a competitor copies a distinctive visual element of your brand, your trade mark registration (if you have […]
Threading IP Law together for Beaders
Sharon Givoni Consulting Arts and design
Many creative people are making business out of their hobby. However, all sorts of business and legal considerations arise. These include trade marking the name of your brand, ensuing you own copyright in what you produce or others create for and not infringing other peoples’ rights. Read on for a hands on snapshot of dos […]
Australian Dairy Foods – A dairy brand by any other name …
Sharon Givoni Consulting Food Law
Many dairy brands in Australia incorporate people’s names or place names – think Pauls and Peters, Bega and Bulla. But food companies need to think twice before using a name for the first time as a brand as if it is trademarked you could be taking legal risks. Read on to navigate the name game […]
The Sensory Theatre of Food Retailing
Sharon Givoni Consulting Food Law
If you love chocolate then this article is for you. It considers how retail outlets such as the chocolate café Max Brenner and Koko Black allure consumers into their store with way more than chocolate. Sounds, smells and images all assist and some of these can also be protected as registered trade marks. Read more…
Cats do love the colour purple
Sharon Givoni Consulting Consumer Law
What do consumer’s think when they see a row of overwhelmingly purple packaging on the cat food section of supermarket shelves? According to the Federal Court, the answer is WHISKAS! You might want to register a colour trade mark yourself for retail use but the question is have you legally done what you need to […]
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 […]