Articles
Exaggerating the Truth or Misleading : A Legal Perspective
Sharon Givoni Consulting Consumer Law
This article was specifically written for the real estate industry and looks at terms such as “for illustration purposes only” and use of images that may be considered misleading … You may be surprised. Read more…
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 […]
Good Enough to Eat
Sharon Givoni Consulting Photography
Food photography often makes food look delicious. But did you know they use motor oil and super glue to achieve those affects? Moreover there is also the question of to what extent the law allows you to meddle with food and present is as the “real thing”. Read more…
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 […]
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…