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Tag Archives: Trade mark infringement
Trade mark owner of PROTOX is all frowns after court decision: What happens if you think someone has copied your trade mark?
Sharon Givoni Consulting Copyright, Trade marks
In Australia, the test for trade mark infringement is whether the use of a mark by another person is likely to deceive or cause confusion among consumers in relation to the origin of the goods or services. This is determined by considering the similarity of the marks, the similarity of the goods or services, and […]
Fun and Games! The Huge Success of Danger Dolan
Sharon Givoni Consulting Copyright, Intellectual Property, Trade marks
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 formed which turned into an assortment of YouTube channels that focus on either “Top X” list styled videos (Planet Dolan), “Question and Answer” videos and music videos (Super Planet […]
Bad Faith Trade Mark Registration in Australia
Sharon Givoni Consulting Intellectual Property
Registering a trade mark is the most effective way to protect your brand name and other elements of your brand identity such as logos and taglines. However, caution should be taken as this protection will not be afforded to bad faith trade mark registration. Ownership of a trade mark at common law is established through the […]
David vs Goliath: Trade mark battle with ZARA
Sharon Givoni Consulting Intellectual Property, Trade marks
ZARA vs ZARY On the 19th of April 2018, Sharon Givoni was interviewed for A Current Affair over a trade mark battle with ZARA. As you would all know, ZARA is possibly one of the largest fashion distributors in the world, selling clothing, accessories and the like. ZARA also owns several trade marks for the […]
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 […]
Granola
Sharon Givoni Consulting Food Law, Intellectual Property, Trade marks
Ordinary language or protected trade mark – are you doing the right thing? There is a famous quote that imitation is the greatest form of flattery. True as that might be – this is the last thing you want when it comes to your own brand. We use phrases all the time and don’t think […]
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 […]