Articles
They stole my photo! – Copyright Theft
Sharon Givoni Consulting Intellectual Property
Many of you have probably at some point or another searched Google for an image and used it for whatever purpose you required. Additionally, most people who use a photograph do not consider who the owner of that image is or the effect that using another persons work can have. Further, some of you may […]
It’s not easy being Green
Sharon Givoni Consulting Intellectual Property
Frucor Beverages Limited, the maker of ‘V’ Energy Drinks recently lost a six year legal battle to register a trade mark for the shade of green used on its cans after a swatch of the wrong shade of green was mistakenly attached to the original trade mark application. The exact colour being applied for was […]
What happens if you don’t use your trade mark? Can it be taken away?
Sharon Givoni Consulting Intellectual Property
Apparently, the answer is yes. But there are conditions. The mark must have been registered for at least three years and there must have been three continuous years of non-use. The rule used to be five years, but it has recently changed so it is now in line with New Zealand laws. So, the rule […]
Demystifying the magic of unfair contract terms
Sharon Givoni Consulting Intellectual Property
Unfair contract terms are something we are all wary of and most of us have probably been victim to them at some point in our lives. Consider the following scenarios: You enter into a long-term contract with a supplier for the supply of wood and hidden in the fine print are terms which give them […]
Employee or a Contractor – Contractual Differences
Sharon Givoni Consulting Intellectual Property
These days there is a blurred line as to whether you are legally considered an employee or a contractor. There are many different requirements and obligations for employers depending on if the worker is an employee or a contractor so it is an important question to answer. Failing to correctly classify an employee or a […]
Louboutin Red Sole, Can It Be Trade marked?
Sharon Givoni Consulting Intellectual Property
High heeled woman’s shoes with a distinctive red sole, that is the image of none other than classic Louboutin’s which have been a part of the Louboutin campaign for twenty-five years after French designer, Christian Louboutin had painted the back of one of his heels with red nail polish, and had been inspired ever since. […]
Creativity, Originality and Copyright Law
Sharon Givoni Consulting Copyright, Intellectual Property
There is a lot of information involved when it comes to creativity, originality and copyright law. Clients often ask us what it would take to assert copyright in their drawings, artistic works or logos. The answer is simple. The first step is you need the work to be original in the sense that the copyright […]
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 […]
Employees and Personal Emails – Breaching Employer Intellectual Property?
Sharon Givoni Consulting Consumer Law, Internet Law
Employers beware – employees and personal emails could be breaching your IP! One question we often get asked is: whether it is a breach of copyright for employees to email copyrighted works from a work email address to a personal email address. Employees and Personal Emails – What is the law? The leading case […]
Plain Packaging and Tobacco – We’ve Got It Covered
Sharon Givoni Consulting Consumer Law, Trade marks
Plain Packaging and Tobacco Australia’s law goes much further than the advertising bans and graphic health warnings seen in other countries when it comes to plain packaging and tobacco. Plain packaging and tobacco refer to packaging that requires the removal of branding. It bans distinctive logos and distinctive-coloured cigarette packaging in favour of drab brown packets […]