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Clearly Legal | Lawyer & law firm



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Clearly Legal

Phone: +61 408 643 536



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25.01.2022 #wednesdaywisdom #askalawyer #indemnity #businesslaw #businesslawyer #lawyersofinstagram



17.01.2022 #wednesdaywisdom You can't argue with Einstein! With over 12 years experience in business, commercial and technology law we have the knowledge you need to protect your business.

16.01.2022 #feedbackfriday Great to work with Tanya from @delzoactive on getting the legals sorted for her business Delzo Active Escapes. Combining day or weekend escapes in beautiful places with outdoor fitness, training and wellness, Tanya has a fabulous offering. #happyclient #smallbusiness #smallbusinesslawyer #lawyersofinstagram #sydneylawyer

13.01.2022 I see a lot of small businesses incorrectly using their business name as a contracting party in their business contracts. A business name is just a name. The legal rights and obligations rest with the person or company sitting behind the business name. If you are a sole trader, you personally are the legal entity recognised by the law. If your business is operated as a partnership, it is the partners who are are the legal entities recognised by the law. An incorporated compan...y operating a business may use a business name different from the company name. It is still the company that is the legal entity and the company name that should be used in contracts. So, if you are a sole trader, you should enter contracts in this way: [your name] trading as [your business name]. #tuesdaytip #businesslaw #sydneylawyer #lawyersofinstagram #smallbusinesslawyer See more



13.01.2022 So many pearls of wisdom in this article. Just one mistake though. You dont have to be an expensive lawyer to be a good lawyer. https://www.forbes.com//nothing-is-more-expensive-than-a/

12.01.2022 New blog post on the website now. Click the link in profile. #sydneylawyer #smallbusinesslawyer #lawyersofinstagram #clearlylegal #freelegalguide #freelegal #waivers #liability #liabilitywaiver #publicliability

12.01.2022 The ongoing battle between Bega and Kraft over which company has the right to use the famous yellow lid and label design on their peanut butter has been decided in favour of Bega. It's an interesting case about the intricacies of Australian trade mark law. In 2017 Bega purchased Kraft's Australian peanut butter business from a Kraft subsidiary, Mondelez, including all the related intellectual property. Kraft subsequently started selling its own Kraft-branded peanut butter i...n Australia using the same yellow jar design that Bega was using. Kraft argued that the "trade dress" of the jar was never owned by its subsidiary Mondelez, rather it was owned by Kraft, so it couldn't have been sold to Bega as part of the 2017 deal. Kraft took Bega to court, seeking to stop Bega from using the yellow-lidded jar. The 500+ paragraph Federal Court judgment goes into a lot of detail, but the crux of the matter comes down this - in Australia an unregistered trade mark (in this case - the unregistered jar design) cannot be owned separately to the business that the rights in the trade mark protect. A trade mark isn't a real proprietary right. It is a right to protect the goodwill of a business from others trying to pass off their product as yours. As goodwill cannot be separated from a business, neither can the unregistered trade mark. When Mondelez sold the business to Bega, the trade dress of the jar went with the business. Kraft had believed it was protected by a complex series of intellectual property and trade mark licence agreements between its various corporate entities, but came unstuck by failing to fully understand the application of the common law in Australia. It's an expensive mistake - it's share of the Australian peanut butter market had been worth around $60 million in sales per year! https://www.theguardian.com//bega-wins-long-running-peanut



11.01.2022 Running a virtual law practice means low office overheads and a lot of meetings over coffee. I love meeting my clients face to face, building trust and learning what makes their business tick. All the coffee is just an added bonus!

06.01.2022 Wishing all of my family, friends and wonderful clients a #merrychristmas and a happy and prosperous 2019! Stepping out of the corporate world and setting out on my own this year was a huge leap of faith. It's been up and down, lots of baby steps and a few great big leaps. So much learnt! So much to come in 2019 and beyond. Thank you for all the support! Now rest up and enjoy time with family and friends. Hope Santa is good to you.

04.01.2022 You have to feel for this business owner, but it's a timely reminder to read terms and conditions every single time you sign a contract. If you sign a contract for the same event year after year, you cannot expect the terms to stay the same every year. https://www.canberratimes.com.au//business-owner-left-50-0

04.01.2022 A fascinating article about the intersection of information technology and the law - looking at the interpretation of emojis by US courts. I just ran a quick search for emoticon or emoji in our Australian legal database, AustLII and theres 80 case hits. Theyre becoming an increasingly common part of our communication and turning up as evidence in a variety of cases. The issue is its not always crystal clear what someone means when they use an emoji and emojis can show up differently on different platforms, resulting in misinterpretation. Wont be long and well need to have emoji expert witnesses! https://www.theverge.com//emoji-emoticon-court-case-refere

03.01.2022 We love working with clients like Jo & Lauren! Thanks so much for supporting Clearly Legal. Knowing where you stand legally gives you a lot of confidence as a small business owner. Check out Jo & Lauren's business Find + Form @findandformaustralia and pop into their newly opened store 7 Hill Street, Roseville. #findandform #australiandesign #sydneylawyer #businesslaw #commerciallaw #lawyersofinstagram #happyclients #testimonialtuesday



02.01.2022 #mondaymotivation What do you have planned for the week? Hope it's a good one!

02.01.2022 Meeting clients today at #hubaustralia #coworking #startups

01.01.2022 So many pearls of wisdom in this article. Just one mistake though. You don’t have to be an expensive lawyer to be a good lawyer. https://www.forbes.com//nothing-is-more-expensive-than-a/

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