Pod Legal | Intellectual property solicitor

Pod Legal

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25.01.2022 Whether you sell products in store or online, you can't use these common phrases to deny your customers refunds. Australian Consumer Law protects customer's rights to request a refund if the product is faulty, damaged or not fit for purpose. Often, retailers use these phrases referring to change-of-mind refunds. While you are well within your rights to not offer change-of-mind refunds, it must be clear in your refund policy that your statements are referring to change-of-min...d refunds only. Time to refresh your refund and return policies? Email [email protected] for a no obligation quote. #ecommerce #businesstips #retail #onlinebusiness

24.01.2022 INTERESTING TRADE MARK ALERT In 2008, a trade mark was registered for a Eucalyptus Radiata scent for application in golf tees, and it remains the only scent mark currently accepted in Australia. Apparently, the scent helps golfers achieve a more precise shot either way, it makes for a very interesting trade mark case! ... #scentedgolftees #trademark #trademarkbusiness #businesslawyer #trademarklaw #branding

23.01.2022 If you're in a photo, you have the right to decide where it's published, right? Wrong To find out more, read our blog post, using that unforgettable Ellen Degeneres selfie from the 2014 Oscars as an example. https://podlegal.com.au/comment-who-owns-your-selfie/... #selfie #copyrightlaw #copyright #photography #photographer #IntellectualProperty #trademark

23.01.2022 Start 2021 right and review your legal plans for the year! Have you got new brands/products/slogans/assets in the pipeline that need protecting with trade marks? Have you reviewed your policies and documents to ensure compliance with local and international laws?... Have you updated your gift card policies and refund/return policies lately? Email [email protected] for more information on tightening up your legal compliance for the year ahead. #productbasedbusiness #biztips #intellectualproperty #copyright

22.01.2022 Big Mac vs Big Jack what went so wrong? When the Big Jack launched in July emblazoned with the Registered Trade Mark symbol, we couldn't believe how McDonald's had let this slide. Turns out, they couldn't either. ... The burger giants will now battle it out as Macca's tries to get the Big Jack trade mark cancelled a comparably more difficult task than simply opposing the trade mark in the first place. Read out latest blog for our thoughts on what went wrong in this big name burger blunder https://podlegal.com.au/big-mac-vs-big-jack/ #bigjack #hungryjacks #bigjackvbigmac #bigmac #trademark #trademarking

22.01.2022 Facebook has unveiled its new grants program for Aussie small businesses who have suffered as a result of COVID-19. With $3million up for grabs, Aussie small businesses could score up to $6400 in cash grants and over $2000 in advertising credits. Find all the information on how to apply here: https://www.smartcompany.com.au//facebook-small-business-/... #smallbusiness #facebookgrants #grantsfromfacebook #smallbusinessboost

21.01.2022 In a social media obsessed world, it's not uncommon for a brand to be identifiable by its hashtags. So, do you trade mark the hashtag? Can you trade mark the hashtag? Ultimately it depends on where the trade mark is used and the extent to which it truly represents your brand's identity.... In many cases, it is only the wording after the hashtag symbol that is considered a trade mark, though there are exceptions. Email [email protected] to chat about how best to approach your social media-based trade marks and protect your brand online. #socialmedia #onlinebusiness #trademarking #socialbrand #branding #brand #businesslaw #businesslawyer

21.01.2022 Pod Legal proudly supports Truly Amor in all their trade marking and branding legal needs. We not only action the legal tasks you need, but we help you to fully understand the process and your responsibilities as a business and brand owner. Email [email protected] to book a free chat about your business and how we can help you tighten up your intellectual property protection. ... #melbournelawyer #ecommercelawyer #retaillawyer #smallbusiness #smallbusinessowner

20.01.2022 A trade mark is more than a brand name or a logo. Your brand has a whole range of unique markets that make it what it is, and a number of those things can be trade marked to protect your brand's identity. Email [email protected] to discuss your brand elements and how trade marks can give you the protection you need. #trademarking #trademark #intellectualproperty

19.01.2022 Did you know, failing to use your trade marks once registered can put you at risk of losing ownership? While planning ahead for trade marking is critical to protecting your brand, make sure you utilise the trade marks you've registered to avoid the risks of cancellation under non-use. #trademarktips #trademark #business

18.01.2022 Whether you've started a new business during lockdown or pivoted your existing one to produce or service something new, there's a good chance there are aspects of your brand that remain unprotected. Now is the time to review your brand assets and trade mark necessary names, logos, phrases and taglines to ensure you're protected moving forward. Simple trade mark applications take around 7 months, so get ahead during the downtime ready for growth in 2021. ... Not sure what needs trade marking? Email [email protected] for a free chat. #trademarks #trademarking #lockdownbusiness

18.01.2022 Tag a friend, snap a pic, comment below... we see these competitions thrown around the internet all the time, but do you know the permit requirements about social media competitions? We've created an eBook all about the legalities of social media competitions and how it affects your business and online brand. Download your copy here: https://podlegal.com.au/e-books/... #socialmedialaw #socialmediamarketing #socialmediabrand #competition

17.01.2022 This week marks Women's Health Week! As many health service providers commence their online activities to support the initiative, it's important to be aware of the legalities that surround this industry. Our handy eBook covers tons of information on privacy laws for healthcare providers download your copy here: https://podlegal.com.au/e-books/ #womenshealthweek #healthcare #healthserviceproviders #health #privacylaws #privacylaw #intellectualproperty

15.01.2022 How do you protect your intellectual property when you operate a public-facing personal brand? Celebrities, identities and people of influence are able to protect elements of their personal brand in the same way as a traditional brand, but in less obvious ways. Usain Bolt has trade marked the silhouette of his signature pose.... Salt Bae is has trade marked image elements of his salt sprinkling identity. The Kardashians have over 700 trade marks relating to various dimensions of the family brand. Personal brands shouldn't be forgotten when it comes to protecting intellectual property. Email [email protected] to discuss your personal brand and how you can protect it. #personalbrand #branding

15.01.2022 IP Australia has announced its trialling Smart Trade Mark a new way to protect your brand online.

15.01.2022 The following searches are NOT sufficient in protecting yourself before starting a business: searching for an available Instagram handle searching for an available domain name searching for an available business name on the Australian Business Register... Yes, these searches are important. But without a trade mark search on the Trade Marks Register, you're not protected. Head to search.ipaustralia.gov.au to run a search. For extra support, email [email protected] to discuss your brand name and how best to protect yourself. In many cases, a more complex search is needed to ensure your brand name is viable and not at risk of infringing upon an existing trade mark. #ipaustralia #trademarktips #trademarking #businesslaw

14.01.2022 Things are heating up in the Aussie burger battle, as Hungry Jack's release spicy comeback TVC following the McDonald's lawsuit. Read the latest here: https://www.news.com.au///f129481d0baa45e8c9951a7ef78bd140

13.01.2022 CLICK FRENZY IS COMING. As retailers flock to offer high ticket products at rock bottom prices on November 10 as part of Click Frenzy, it's important to consider the implications of bait advertising. Marketing an offer of a $2 iPhone or a $1 mattress when the item is not reasonably available for purchase can go against Australia's bait advertising laws.... Read our blog post on bait advertising and how to ensure your business is compliant during Click Frenzy sales: https://podlegal.com.au/click-frenzy-bait-advertising/ #clickfrenzy #clickfrenzyaustralia #retail #retailer

13.01.2022 Hear Pod Legal's Karan White chatting on Emily Osmond's podcast, The Emily Osmond Show, all about influencer marketing. Karan makes insightful references to your intellectual property responsibilities in influencer marketing activities, and how the new AIMCO Influencer Code of Practice is helping both brands and influencers in executing campaigns. Listen now wherever you get your podcasts! #podcast #influencermarketing #talentmangement #intellectualproperty

10.01.2022 Important changes to the cost of IP Australia Custom Classification Trade Mark Registrations From October 1, IP Australia is increasing its fees for custom classification trade mark registrations. This relates to the classes in which your trade marks are registered. To avoid this price rise, engage Pod Legal to execute your trade mark registrations before October 1! We'll make sure all savings are passed onto you. ... Email [email protected] for your free consultation. #trademarks #trademarking

10.01.2022 Did you know some of your favourite chocolate brands underwent lengthy trade mark battles in court? Read more about the behind the scenes of your go-to sweet treats here: https://www.dezeen.com//chocolate-trademark-battles-kit-k/ #trademarking #trademarklawyer

09.01.2022 What does IP Australia look for when examining trade mark registrations, and what exactly could cause yours to be declined for being too similar to an existing one? The two key points are whether the marks are: Substantially identical; or... Deceptively similar The Trade Marks Examiner will often question whether customers and consumers could be confused by the two similar trade marks, and whether they could perhaps mistake the two trade marks for one another. The exploration of whether the trade marks are deceptively similar is critical in ensuring newly established trade marks cannot leverage the reputation of an existing similar mark. When registering your trade marks, it pays to work with a lawyer to do a comprehensive trade mark search before you submit, to minimise the risk of running into a debate of similarity over your IP. Email [email protected] for a free consultation on how best to approach your trade mark registration. #trademark #trademarks #intellectualproperty #entrepreneurs #lawyer #IPlaw #copyright #branding #brandlawyer #businesslawyer

09.01.2022 Has someone copied your content? You're not alone. Content is replicated, repurposed, and yes, unfortunately, outright copied every single day. If you spot that someone has copied your content, they have likely infringed upon the copyright of your work. Copyright exists automatically when work is created, whether that's an image taken, copy written, or short-code written into a website build. ... Here's what to do: - Consider whether you can resolve the issue amicably between you and the copying party. Sometimes people don't understand the concept of copyright, and particularly on social media, assume anything in the public domain is fair game. Try calmly notifying them that you believe they have copied your content, and request that it be removed. - If there is existing conflict or you don't want to approach them, an Intellectual Property Lawyer (like Jamie at Pod Legal) can prepare a Cease and Desist letter. This is a more formal way of notifying them that the content must be removed. -Explore Google's Copyright Removal Tool. When you report an infringement, the search engine can actually remove content if it's proven to be copied and you're proven to be the original owner of the work. - Work with a lawyer to take further legal action, which will depend on the circumstances and type of infringement. Email [email protected] for support if you've experienced a copyright infringement. #copyright #podlegal #copyrightlawyer #intellectualproperty #creators

08.01.2022 Don't miss out on legal support at the hands of rocky cash flow. Pod Plans are designed to support you to protect your business on a payment plan that suits you circumstances. Now more than ever, it's critical to protect your business while being mindful of your finances enter Pod Plans. Chat to Pod Legal director Jamie White about how we can tailor a Pod Plan to suit you, an ensure your business remains compliant and protected. ... Email [email protected] for more information. #podplans https://podlegal.com.au/podplans/

08.01.2022 Has someone copied your content? You're not alone. Content is replicated, repurposed, and yes, unfortunately, outright copied every single day. If you spot that someone has copied your content, they have likely infringed upon the copyright of your work. Copyright exists automatically when work is created, whether that's an image taken, copy written, or short-code written into a website build. ... Here's what to do: - Consider whether you can resolve the issue amicably between you and the copying party. Sometimes people don't understand the concept of copyright, and particularly on social media, assume anything in the public domain is fair game. Try calmly notifying them that you believe they have copied your content, and request that it be removed. - If there is existing conflict or you don't want to approach them, an Intellectual Property Lawyer (like Jamie at Pod Legal) can prepare a Cease and Desist letter. This is a more formal way of notifying them that the content must be removed. -Explore Google's Copyright Removal Tool. When you report an infringement, the search engine can actually remove content if it's proven to be copied and you're proven to be the original owner of the work. - Work with a lawyer to take further legal action, which will depend on the circumstances and type of infringement. Email [email protected] for support if you've experienced a copyright infringement. #copyright #podlegal #copyrightlawyer #intellectualproperty #creators

06.01.2022 None of these things fully protect your intellectual property - Registering domain names is important, but doesn't mean you own the rights to your business name. - Registering a business name is important, but doesn't fully protect your ownership of it - Naming a podcast or blog or website or product before anyone else doesn't fully cover you.... - Claiming the social media handles doesn't grant you enduring ownership of them. Registering your trade marks correctly ,and in the correct and appropriate classes is the only way to claim legal ownership of your IP. Email [email protected] for a free phone consultation on how to protect your business or brand. #branding #socialmediabusiness #influencerbrand #influencerlaw #influencerdisclosure #onlinebusinessowner

06.01.2022 What happens when damaging, incorrect or offensive content circulates on social media and risks your brand reputation? Usually this involves a complex negotiation with the social media platforms individually around the legalities of the issue and Pod Legal can help. We're well-versed in social media law, and can work with you to resolve a myriad of social media issues that may arise.... Having issues online? Call 1300 POD LEGAL for a free consultation: https://podlegal.com.au/social-media/social-media-advice/ #socialmedialaw #socialmedia #podlegal #intellectualproperty #socialmediamanagement

05.01.2022 CALLING ALL INFLUENCERS With the holiday season approaching, you may be engaged for more product collaborations and sponsored content than the rest of the year. This is the perfect time to make sure you're adhering to the Australian Influencer Marketing Code of Practice.... Hit the link in our bio to read our blog on the Code, and find out your obligations for declaring gifted, contra and paid sponsorships on your social media channels. #aimco #influencermarketing #sponsoredcontent #declareyourads #aussiebloggers

05.01.2022 Calling all retail and ecommerce biz owners! If you're holding special sales or discounts for Boxing Day or end-of-year sales, remember to ensure your refund and return policies are compliant. Download our free eBook jam packed with everything you need to know about the dos and don'ts of refund policies, especially around sale periods! https://podlegal.com.au/e-books/ If you need your policies reviewed or refreshed, email [email protected]. ... #boxingdaysales #retailbusiness

03.01.2022 As we move towards a new normal in the way we live and work, the viability and need for offices is being thrown into question. Don't let your office moves and the stress of 2020 mean you fall behind on your trade mark correspondence. Pod Legal invites you to nominate us as your Address For Service on your trade mark registrations. We'll keep you on top of reminders, notices and renewals, to ensure you never miss a beat, wherever you're based.... Visit the nomination page for more information: https://podlegal.com.au/nominate-pod-legal-as-address-for-/ #smebusiness #covidbusiness #covideconomy

03.01.2022 Pod Legal will be closed for the holiday period, returning on Monday 4th January. If you require our support before the shutdown, please email [email protected] or call 1300 POD LEGAL before 5pm on 24th December to catch us before we sign out for 2020. We wish you all a happy and safe festive season, and look forward to supporting you in 2021.... #ecommercebusiness #productbasedbusiness

03.01.2022 Series trade marks What are they: series trade marks are often used by brands that cover a range of related but distinct products. For example, if Pod Legal was actually Pod Sandwiches, and also owned Pod Baguettes, Pod Smoothies and Pod Sushi, we may be suited to a series application for trade marking.... The application criteria and fees are slightly different for series applications, so if you're trade marking a brand of this kind, it's worth speaking to a Registered Trade Marks Attorney. Email [email protected] for a free consultation. #trademarking #trademark #branding #businesstips

03.01.2022 Has someone infringed upon your intellectual property? Or perhaps you've received correspondence from someone saying you're infringing upon theirs. Pod Legal has a wealth of experience representing clients in IP disputes, and can help make sense of a stressful and complex situation. Email [email protected] for more information on how we can support you in protecting your brand online. ... #IPlawyer #copyright #copyrightlaw #melbournelawyer #businesslaw #onlinebusiness #onlinebusinessowner #businesslawyer

01.01.2022 New Privacy Laws in Europe are changing the way Instagram users can target customers and track post performances. If you run ads or manage a social page for your small business, we recommend hitting 'learn more' on the Instagram analytics page to school up on how the privacy laws may impact your reporting. #EUprivacylaw #instagramanalytics #smallbusinesslaw

01.01.2022 Thinking about trade marking? A simple registration takes around 7 months, without taking into account any oppositions or problems from the Examiner. To have trade mark registrations completed by mid-2021, now is the time to lodge your applications. Email [email protected] for information on how best to approach your trade marking affairs for the best chance of successful registration!... #trademark #trademarklawyer #copyrightlawyer See more