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How far can you take creative claims?
Sharon Givoni Consulting Food Law
Praising your food products is one thing… but there can be a fine line between exaggeration and contravening the law. The old Trade Practices Act and new Competition and Consumer Act 2010 lay down very strict rules on what claims you can legally make. This article looks at real life case studies covering descriptors such […]
Making a case for accurate claims
Sharon Givoni Consulting Consumer Law
Food manufacturers are always trying to boast the health attributes of their products. The question is how far is too far? When does the law say its misleading? Companies such as Arnott’s, Uncle Toby’s and smaller operators have been under the scrutiny of consumer groups and the ACCC. Read more…
Branding law: Milked to the Max
Sharon Givoni Consulting Food Law, Trade marks
Long gone are the good old days where milk is delivered by horse and cart in unbranded foil top bottles. Today we have brands – and lots of them. Given that brands are the main differentiating feature of fast moving, low involvement products such as food, this article looks at how best to legally protect […]
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 […]
Protecting textile patterns and designs
Sharon Givoni Consulting Arts and design, Copyright, Retail and fashion Law, Trade marks
If you design or manufacture patterned textiles or fabrics, you need to be careful not to copy other people’s textile designs and find yourself entangled in legal issues. This article talks about copyright and trade mark protection of patterns, trade marks and designs in textiles (including David Jones, Louis Vuitton and Levis). Read more… Note […]
Brand protection for designers
Sharon Givoni Consulting Retail and fashion Law, Trade marks
While imitation may well be the greatest form of flattery it is certainly not much fun when it is your garment or brand name that is copied by others. In this article Sharon Givoni covers what makes a strong trade mark from a trade marks perspective, some considerations if you expanding your fashion label internationally […]
Food&Drink Business Magazine – Courts Deny Nestle
Sharon Givoni Consulting Food Law, Trade marks
This article looks at the way Nestle tried to register its four bar chocolate shape as a trade mark and what the trade mark office said when Aldi (which produces its own two bar wafer chocolate called Time Out). 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…
Green Marketing Legal Boundaries
Sharon Givoni Consulting Packaging
Phrases such as “Nature’s friend”, green packaging and recycling symbols are often used to show that a product is green. However there are some traps to avoid under the law when doing this. If you claim that your product is “legally” environmentally friendly you should read this article. Read more…
Unauthorised Photographs on the Internet
Sharon Givoni Consulting Internet Law
There is no blanket law specifically stopping you from photographing others without their consent. However, specific laws may apply to the situation depending on the context. Read more…