Articles
Viewing post categorized under: Packaging
Organic Claims – Legal Requirements for Labelling and Packaging
Sharon Givoni Consulting Food Law, Intellectual Property, Packaging
As ‘Organic’ products attract a premium price it is not surprising that many businesses want to use the term on their labelling and packaging. However, when it comes to organic claims, consumers should be able to assume that the organic claim is true and that the ingredients are indeed organic. When you design a label, […]
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) […]
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 […]
Superfood or superfool – the legal lowdown on using this name
Sharon Givoni Consulting Consumer Law, Food Law, Packaging
Blueberries, goji berries, chia seeds, acai berries and of course, kale! These are the superfoods which are going to make you healthier, happier, smarter and just all round better, or so they say. However, before you start spruiking your new superfood from the pristine Amazon rainforest, stop to make sure you do not make yourself […]
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 […]
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…