Sharon Givoni Consulting in Prahran, Victoria | Intellectual property solicitor

Sharon Givoni Consulting

Locality: Prahran, Victoria

Phone: +61 3 9527 1334

Address: Level 2, 240 Chapel Street Prahran, VIC, Australia

Website: http://www.sharongivoni.com.au

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25.01.2022 On 2 November 2016, a new law, Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Bill 2015 (Cth), came into effect. The aim was to protect small businesses from unfair terms in business-to-business standard form contracts. #Consumerlaw #contractlaw #unfaircontractterms

25.01.2022 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 work was independently created and not copied from another source.

24.01.2022 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.

24.01.2022 Very recently we were asked the question whether or not the sale of hemp oil is legal in Australia by a client. Seemingly he had noticed a particular business claiming to be doing so legally and wished to know how. During our research, it became increasingly clear that this question still seems to cause much confusion online with many articles claiming it was and some claiming it wasnt.

23.01.2022 Unsurprisingly, the growth of replica furniture industry has grown over the years. An example of this is the replicas of the Tolix chair, which was designed by Xavier Pauchard, in 1934 in France. In light of this clients often ask us: is it legal to copy a furniture design? We have covered the issue of copycat products here. #productsaftey #Recalls #Replicafurniture #Retail #Termsandconditions

21.01.2022 Most of us write blogs from time to time. Sometimes it is used in a manner to vent about our lives. However, depending on the nature of the blog post, you could be facing potential legal risk.

20.01.2022 In our law firm, we often get asked by authors whether and how they should protect their book title. Sometimes the problem is that two people in the world have the same book title for a different book. Other times authors just wish to exercise caution. In order to protect your book title, you cannot rely on trade marks.

20.01.2022 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. #copyrightbreach #email #employee

20.01.2022 Hey there Freckle Face, you better stop using my trade mark! Victorian family business, the Yarra Valley Chocolaterie, has found itself in a David v Goliath battle against world-renown chocolate and confectionary brand Nestl for use of the term FRECKLES in several of its yummy chocolate treats.

16.01.2022 Lost in Translation? Trade Marking Foreign Words Australia is a vibrant and multicultural country. We recently received an inquiry from a client about whether they can seek trade mark protection of a word in a foreign language.

15.01.2022 We all know that social media accounts can be a valuable asset to any business. In the early days when an account was linked to a person, ownership questions were far less contentious. However, those days are long gone, and the revenue stream which comes from social media connections means that the ownership of those accounts is a hot topic. We elaborate on the above over here: http://www.sharongivoni.com.au/social-media-account-owners/

14.01.2022 High heeled womans shoes with a distinctive red sole, that is the image of none other than classic Louboutins 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.

14.01.2022 The best way to obtain ownership rights in a brand name is through trade mark registration. It is the most effective way to protect your brand name and other elements of your brand identity such as logos and taglines. Contrary to what many people might think, there is a difference between a business name and a trade marked name. Business, company and domain name registrations do not actually confer any monopoly rights over the brand name itself. In other words, you need to register your brand name as a trade mark.

14.01.2022 On the 19th of April 2018, Sharon Givoni was interviewed for A Current Affair over a trade mark battle with ZARA. As you would all know, ZARA is possibly one of the largest fashion distributors in the world, selling clothing, accessories and the like. ZARA also owns several trade marks for the word ZARA under different classes of goods and services. #Charactermerchandising #IntellectualProperty #Trademark #Trademarkinfringement #Trademarkregistration

13.01.2022 Plain Packaging and Tobacco Australias 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. #ciggerettes #plainpackaging

11.01.2022 Sharon Givoni was recently interviewed for the ABC in relation to how IP laws in Australia protect fashion designers. Sharon takes some time to answer some burning questions on copyright, designs and fashion, looking at the adequacy of protection in Australia and overseas. To read these questions click here: http://www.sharongivoni.com.au/?p=2601&preview=true

11.01.2022 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.

11.01.2022 Copyright Infringement and Music When it comes to copyright infringement and music, perhaps one of the most important questions asked is whether the alleged copy is a substantial reproduction of the original. This article considers the main principles of copyright law when it comes to songs and critques a number of important musical works.

10.01.2022 Only one thing is impossible for God: to find any sense in any copyright law on the planet - MARK TWAIN As the famous quote by nineteenth century author Mark Twain suggests, and this section will demonstrate, copyright may be a complex area of the law, but the underlying message is quite simple: dont copy! Explore basics of copyright over here: http://www.sharongivoni.com.au/copyright-basics/

10.01.2022 Registering a trade mark is the most effective way to protect your brand name and other elements of your brand identity such as logos and taglines. However, caution should be taken as this protection will not be afforded to bad faith trade mark registration.

10.01.2022 Starting a pet food business in Australia? Over the years we have had a number of clients come in to see us to review their pet food packaging and to make sure it is compliant with all pet food labelling regulations and standards.

10.01.2022 Unfair Dismissal - Now What?! So, you think you are about to be fired or have just been handed a pink slip. Youre probably thinking, now what? If you believe your untimely firing was harsh, unjust or unreasonable you may have been unfairly dismissed. Losing your job can be a really difficult and very stressful experience, especially if you loved your job or are in a tight spot financially.

10.01.2022 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.

09.01.2022 On Thursday, 17 May 2018, as part of Law Week, Craft Victoria held a panel discussion to bring craft makers and legal professionals together to discuss copyright and intellectual property. The theme was copyright your craft. Our law firm attended the discussion. The purpose of this update is to share some of the useful information that was discussed that night. #Copyright #design #furniture #jewellery #Trademark

06.01.2022 Beware of hidden traps in trading terms and conditions There is a major industry issue faced by many furniture suppliers. Some larger furniture retailers have snuck some clauses into their trading terms which are disadvantageous to suppliers, particularly when it comes to protecting your designs from being copied. #Designs #furnituredesign #IntellectualProperty #Protection #Termsandconditions

05.01.2022 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. #Consumerlaw #foodlaw #IntellectualProperty #labellinglaw #organiclaw #Packagingandlabellinglaws #packaginglaw

04.01.2022 Lately, we have had a number of clients approach us and ask about the legality of their online businesses. Particularly in respect to price comparison and directory websites. The question arises whether the use of other company information and things such as logos in comparison tables, charts or compilations is a breach of copyright.

04.01.2022 When we brand things, our brains perceive them as more special and valuable than they actually are. -MARTIN LINDSTROM The word Nike with its swoosh logo and the word McDonalds with its golden arches logo are examples of world-famous trade marks.... So long as your business sign serves to indicate to consumers where the goods or services came from and distinguishes your goods and services from those of other traders, then that sign can (and should!) be registered as a trade mark. Read more about benefits of trade mark registration over here: http://www.sharongivoni.com.au/benefits-trade-mark-registr/

04.01.2022 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 Dolan), or assorted gaming videos (Planet Dolan Gaming).... #Confidentialityagreements #Copyright #gaming #IntellectualProperty #ITlaw #technology #Termsandconditions #Trademark #Trademarkinfringement #Trademarkregistration

04.01.2022 For some, Instagram has become a career bringing in a steady income. Those with the skill (or luck) to amass a hoard of followers have vast potential to a sizeable living from paid promotions. However, before uploading your next post to Instagram to be seen by millions, there are a few influencer legal concerns that you should keep in mind.

02.01.2022 Can emails make a binding contract? A lot of our clients regret sending an email offering something to another person thus potentially making a contract. In other words, can a set of emails make a binding contract per Australian law? Well the simple answer is, yes. The recipe for a binding contract requires at minimum 3 things, an offer, consideration and acceptance.

02.01.2022 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. #contractlaw #Contracts #unfaircontractterms

01.01.2022 Stranger Things have happened. The words cease and desist letters often get used in intellectual property matters. We think of bigwigs in Hollywood going after fans and creators of fan fiction, sending cease and desist letters threatening legal action if people are using content without appropriate licences. However, there are no set rules for a cease and desist letter and Netflix took the unusual approach though of threatening the Demogorgan rather than court action! **...*Note we do not recommend using threats of the Demogorgan and recommend you get any cease and deist letter professionally drafted!!!*** Read more about this unique letter here: http://www.sharongivoni.com.au/netflix-cease-desist-letter/

01.01.2022 This might be an intriguing title for an article because at first glance, of course, you own your life otherwise, who else would? But this is more a question of do you own the story of your life? Taking that a step further, how would you feel if someone else came along, say, an author, an investigator or a journalist and just wrote about you or your family without permission?