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In this podcast series, Australian partners Rebekah Gay and Emma Iles explore a variety of topics, issues and areas of intellectual property law.
In episode 23, Emma and Rebekah are joined by Catherine Chan, a solicitor in the Melbourne Intellectual Property Disputes team. Together, they unpack some of the latest innovations that aim to tackle the war on waste and keep our economy circular.
In episode 22, Emma and Rebekah take inspiration from Priceline’s trade mark registration for its signature pink colour and discuss some of the more unusual trade mark types, including how colours, shapes, sounds, scents and movements can be used to distinguish a brand.
In episode 21, Emma and Rebekah talk all things Barbie and how Mattel has transformed the BARBIE brand into an empire using trade mark licensing and enforcement.
In this cross-over episode with Talking Shop: A Consumer Sector Podcast Series, Emma Iles and Eliza Foley join Aoife Xuereb to discuss trade marks, certification marks and greenwashing risks in Australia. The use of trade marks and certification marks, like the Heart Foundation ‘tick’, by consumer companies to distinguish their product from competitors is not new. There is however an increasing array of certification marks being used to indicate to consumers that a product, its packaging or manufacturing method meets a certain sustainability performance standard, from the well established ‘FAIR TRADE’ mark to increasingly, carbon neutrality status and recyclability.
Protecting consumers from misleading environmental claims is currently a priority area for ACCC action, with draft guidance recently released following a greenwashing internet sweep in which 57% of businesses (including cosmetics, personal care, fashion, food and beverage) reviewed by the ACCC were found to be making potentially misleading claims – including misleading use of third-party certifications and symbols.
For more, read our latest legal briefing.
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
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