Elise Explains IPcast

elisesteegstra
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Elise Explains IP provides simple, expert guidance on trade marks, design registrations, copyright, brand strategy, and intellectual property law in Australia. Whether you're building a business or creating new content, Elise helps you understand your rights, avoid risks, and protect the value of your work.

  1. 2 DAYS AGO

    Why Expanding Overseas Breaks So Many Trade Marks - Ep 23

    Expanding your business internationally sounds like growth. But from a trade mark perspective, it’s often where things start to unravel. In this episode, recorded from London during the INTA Conference, Elise unpacks a common — and costly — issue: why so many businesses run into trade mark problems when they enter new markets. The key takeaway? Your brand might feel global… but legally, it isn’t. What This Episode Covers Why trade mark rights are territorial (and what that actually means in practice) The most common assumptions business owners make about owning a brand How international expansion exposes hidden IP risks Real-world scenarios where businesses lose control of their brand overseas Why filing a trade mark is not the same as having a strategy Key Risks When Expanding Overseas 1. Someone Already Owns Your Brand You may discover that your brand is already registered in another country — even if you’ve been using it for years in your home market. In many jurisdictions, priority is based on filing date, not use. 2. You Receive a Cease & Desist Launching into a new market without clearance can trigger enforcement action from existing rights holders. This can lead to: Forced rebranding Legal costs Delays to expansion 3. Your Brand Can’t Be Registered A name that works in one country may be: Descriptive in another language Too similar to an existing mark Restricted under local laws This leaves you exposed without enforceable rights. 4. You Filed — But Not Strategically Common issues include: Filing too late Filing in the wrong entity Incorrect or narrow specifications Over-reliance on the Madrid Protocol without local strategy Why This Matters Trade mark issues don’t stay “legal problems.” They quickly become commercial problems, affecting: Brand consistency Marketing and customer trust Distribution and partnerships Business valuation and investment readiness Practical Takeaways If you’re planning to expand internationally: ✔️ Think Ahead Consider future markets early — even if expansion is 12–24 months away. ✔️ Clear Before You Enter Undertake trade mark searches in your target country before launching. ✔️ Prioritise Key Markets Focus protection on where you: Sell Manufacture Plan to grow ✔️ Get Ownership Right Ensure the correct entity owns the IP — particularly across group structures. ✔️ Treat Trade Marks as a Business Asset This is not just a legal step — it’s part of your growth strategy. INTA Insight Attending the INTA Conference in London highlights a consistent global theme: Most trade mark disputes don’t arise because businesses act recklessly — they arise because businesses grow… without aligning their IP strategy to that growth. Key Concept: Territorial Rights Trade mark protection is granted country by country. There is no single “worldwide” trade mark. International systems like the Madrid Protocol can streamline filings — but they do not eliminate the need for jurisdiction-specific strategy. Next Steps If international expansion is on your horizon, now is the time to ask: Will your brand actually work in the markets you want to enter? Fixing issues early is strategic. Fixing them later is expensive. Work With Elise If you’d like tailored advice on protecting your brand as you scale, you can book a strategy call: 🌐 www.elisesteegstra.com Subscribe & Share If you found this episode helpful, share it with a business owner or advisor who is thinking about expanding internationally. Because the earlier this is understood, the easier it is to get right.

    8 min

  2. 29 APR

    Who Really Owns Your Trade Mark? Lessons from Black Star Pastry v Richards - Ep 22

    Who Really Owns Your Trade Mark? Lessons from Black Star Pastry v Richards Episode Summary You can build a strong brand, file a trade mark… and still not legally own it. In this episode of Elise Explains IP, Elise unpacks the recent Federal Court decision in Black Star Pastry Pty Ltd v Richards (No 2) [2026] FCA 383 — and why it highlights one of the most critical (and commonly misunderstood) issues in trade mark law: Ownership at the time of filing With a particular focus on the “Blackstar Coffee” trade mark, this episode explores what happens when a mark is filed in the name of one individual, despite being used in a broader business involving multiple parties. The takeaway is simple — but often overlooked: It’s not enough to file a trade mark. It needs to be filed in the right name. What You’ll Learn Why trade mark ownership is determined at the time of filing What “true owner” actually means in practice Why filing in the wrong name can invalidate your trade mark The risks of founders registering trade marks personally How shared ventures and partnerships create ownership complications Why the “Blackstar Coffee” issue is a common real-world mistake How misaligned ownership can affect sale, licensing, and investment Key Case Insight: Black Star Coffee This case highlights a familiar scenario: A trade mark is filed by one of two business participants The brand is actually used in a shared business context No clear agreement exists around ownership The result? 👉 A disconnect between legal ownership (on the register) and commercial reality (how the brand operates) This creates uncertainty, risk, and potential disputes — particularly if relationships change. Why This Matters for Business Owners Getting trade mark ownership wrong can lead to: Invalid or vulnerable registrations Inability to enforce your rights Disputes between founders or partners Problems during due diligence or business sale Misalignment between your IP and your business structure In practical terms: Your business may not actually own its most valuable asset — its brand Practical Takeaways If you’re filing (or have filed) a trade mark, consider: 1. Who should own the trade mark? Is it a personal brand or a business asset? Will the business grow, take on investors, or be sold? In most cases, the company should own the trade mark. 2. Does ownership match how the brand is used? The entity that controls and commercialises the brand should typically be the registered owner. 3. Are multiple people involved? If yes: Don’t default to one name on the application Document ownership clearly before filing 4. Have you taken shortcuts? Quick or DIY filings often lead to ownership issues later. 5. Is your IP aligned with your broader structure? Trade marks should sit within your: Business structure Asset protection strategy Long-term exit planning Key Message If the wrong entity files the trade mark, you may never have had a valid registration to begin with. Need Help? If you’re unsure whether your trade marks are owned by the right entity — or you’re setting things up properly from the start — it’s worth getting clarity early. 👉 Book a strategy call: www.elisesteegstra.com Case Reference Black Star Pastry Pty Ltd v Richards (No 2) [2026] FCA 383 Share This Episode If you know a founder, creative, or advisor who’s building a brand — this is an important one to share. Because most trade mark issues don’t come from failing to file… They come from filing in the wrong name.

    9 min

  3. 22 APR

    World IP Day: IP and Sports — Ready, Set, Innovate! - Ep 21

    World IP Day Special: IP and Sports — Ready, Set, Innovate! Episode Summary What do the Olympics, Nike, athlete sponsorships, and sports technology all have in common? They’re powered by intellectual property. In this World IP Day special, we unpack this year’s theme — “IP and Sports: Ready, Set, Innovate!” — and explore how sport provides one of the clearest real-world examples of how IP creates value, protects brands, and drives revenue. This episode breaks down how IP operates behind the scenes in sport — and, more importantly, what business owners can learn from it. Because whether you’re building a brand, launching a product, or scaling a business, the same principles apply.  What You’ll Learn Why sport is fundamentally a commercial IP ecosystem How trade marks, copyright, and patents operate in the sports industry The role of branding and emotional connection in driving value How athletes themselves function as IP assets What ambush marketing is — and why it matters The risks of not properly owning or controlling your IP Practical steps to better protect and leverage your business assets Key Insights 1. Sport is built on IP — not just performance Behind every team, event, and broadcast is a framework of trade marks, copyright, and licensing rights that make commercialisation possible. 2. Brand drives revenue Merchandise, sponsorships, and media rights only work because ownership is clear and enforceable. 3. Innovation creates new value From wearable tech to performance data, sport continues to generate IP that becomes new revenue streams. 4. Athletes are brands Names, images, and reputations are commercial assets that need to be carefully managed and protected. 5. Protection requires action Major sporting bodies actively enforce their rights — because unmanaged IP quickly loses value. Common Mistakes (Beyond Sport) Not registering trade marks early Holding IP in the wrong entity or individual name Failing to document ownership between founders or collaborators Allowing inconsistent brand use across marketing and partnerships Treating IP as a legal formality instead of a business asset Practical Takeaways Audit your IP: What do you actually own? Register key assets early: Especially your brand Clarify ownership: Between founders, entities, and contractors Control usage: Put clear agreements in place Think commercially: How could your IP generate revenue? Reality Check If your brand, product, or content disappeared tomorrow: Could you prove ownership? Could you stop someone else using it? Or would you be relying on assumptions?  Work With Me If you want to make sure your business is properly protected — or you’re scaling and need to get your structure and IP right — you can book a strategy call: 🌐 www.elisesteegstra.com About World IP Day World Intellectual Property Day is celebrated annually on 26 April and highlights the role IP plays in encouraging innovation and creativity. The 2026 theme: “IP and Sports: Ready, Set, Innovate!” Share This Episode If you found this episode useful, share it with a business owner, founder, or advisor who is building something worth protecting.

    8 min

  4. 15 APR

    Common Trade Mark Mistakes Startups Make - Ep 20

    Choosing a business name feels like a creative decision — but legally, it’s one of the most important strategic choices you’ll make. In this episode of Elise Explains IP, we unpack the most common trade mark mistakes startups make, and why getting this wrong early can lead to expensive rebrands, lost opportunities, and unnecessary legal risk. Through practical examples and real-world scenarios, you’ll learn how to protect your brand properly from day one — and avoid building a business around a name you don’t actually own. What You’ll Learn Why checking domain and social media availability is not enough The critical difference between a business name and a trade mark Why descriptive names are harder to protect (and what to choose instead) How registering your trade mark in the wrong entity can create problems later What trade mark “classes” are and why they matter for future growth Why timing is critical when filing a trade mark How inconsistent branding can weaken your legal position What to consider if you plan to expand internationally Key Takeaways ✔️ Your brand is a business asset, not just a marketing decision ✔️ Trade mark rights don’t come from registration of a business name ✔️ Distinctive names are easier to protect and scale ✔️ Filing early can prevent costly disputes or rebrands later ✔️ Your trade mark strategy should reflect where your business is going — not just where it is today ✔️ Consistency in how you use your brand matters more than most founders realise Real-World Scenario We walk through the example of a startup building a brand under a name that: Wasn’t properly searched Wasn’t registered early And wasn’t structured correctly …resulting in exposure to rebranding, legal risk, and growth limitations. It’s a situation I see regularly — and one that is almost always preventable. Practical Next Steps If you’re building or growing a business: Run a proper trade mark search before locking in your name Choose a name that is distinctive and brandable Register your trade mark early Ensure it’s owned by the correct entity File in the right classes, considering future expansion Use your brand consistently across platforms Consider your international strategy if growth is on the horizon Work With Me If you’d like clarity on whether your brand is actually protected — or want to get it right before you launch — you can book a strategy call: 🌐 www.elisesteegstra.com Subscribe & Share If you found this episode helpful: Share it with a founder or business owner Follow Elise Explains IP for practical, real-world IP insights Leave a review to help more people understand how to protect what they’re building

    8 min

  5. 8 APR

    Software Licensing Basics: What Businesses Think They Own (But Don’t) - Ep 19

    When you “buy” software, do you actually own it? In most cases, the answer is no. In this episode of Elise Explains IP, we break down software licensing basics in plain English — what a licence really is, why it matters for your business, and the risks that often get overlooked. Because software isn’t just a tool — it’s infrastructure. And if you don’t understand your rights, you may not be in control of your own systems. What You’ll Learn The difference between owning software vs licensing it Why most businesses are only granted limited rights to use software The key types of software licences: SaaS (subscription-based platforms) Perpetual licences Open source software Custom-built software The hidden risks in developer arrangements (and who actually owns the IP) What happens when a licence is terminated The terms that matter most in any software agreement Key Risks to Be Aware Of Losing access to critical systems if a licence ends Being unable to extract or migrate your data Discovering you don’t own custom-built software Breaching open source licence terms without realising Getting locked into platforms with no exit strategy Real-World Insight Many businesses invest heavily in custom-built platforms — CRMs, booking systems, or internal tools — only to discover later that they don’t own the underlying IP. If the relationship with the developer breaks down, the business can be left without control over systems they rely on every day. Key Licence Terms to Check If you review nothing else, focus on: Scope of use – who can use the software and how Termination rights – what happens if the agreement ends Data ownership and access – can you export your data easily Transferability – can the licence move with your business Customisation rights – can you modify or adapt the software  Practical Steps for Business Owners Audit the software your business depends on Identify any single points of failure Review key licence terms (especially termination and data access) Ensure custom software agreements address IP ownership clearly Plan an exit strategy for critical platforms Why This Matters Software sits at the centre of most modern businesses — from customer data to financial systems. If you don’t control your access to those systems, you may not fully control your business. Work With Elise If you’d like help reviewing your software arrangements or ensuring your business is properly protected: Book a strategy call: https://www.elisesteegstra.com Share This Episode If you found this helpful, share it with a business owner or advisor — especially anyone investing in software or building custom systems.

    8 min

  6. 1 APR

    Website & App IP Essentials: What You Own (and What You Don’t) - Ep 18

    Most business owners assume their website or app is “theirs.” But in reality, ownership of what you’ve built is often fragmented — spread across developers, designers, copywriters, and third-party platforms. In this episode, Elise breaks down how intellectual property actually works in websites and apps, where businesses commonly get caught out, and what to fix before it impacts growth, control, or a future sale. This is a practical guide to understanding what you own, what you’re licensing, and how to properly secure your digital assets. What We Cover Why your website or app is a bundle of different IP rights The common misconception that paying = owning Who typically owns: Code Design (UX/UI) Website copy and content Images, videos, and digital assets The difference between ownership vs licence (and why it matters) Risks that show up when: Changing developers Scaling or commercialising Raising investment Selling your business Hidden IP risks in: Shopify, Wix, and SaaS platforms Stock images and third-party assets Contractor-created content Key Takeaways Your website or app is not a single asset — it’s made up of multiple IP components with different ownership rules Paying a developer or designer does not automatically transfer ownership Without proper agreements, key parts of your platform may be owned by others IP gaps often surface during due diligence, disputes, or scaling Getting this right early is significantly easier than fixing it later Practical Steps for Business Owners If you have (or are building) a website or app: 1. Put proper agreements in place Ensure all developers, designers, and contractors sign agreements with clear IP assignment clauses. 2. Confirm ownership sits with your business entity Not you personally — your company should own the assets. 3. Understand what you’re licensing Platforms like Shopify or plugins are licensed, not owned — know the limits. 4. Keep records and access Maintain contracts, source files, and login credentials in one place. 5. Protect your brand Register trade marks where appropriate and ensure consistent use. A Common Scenario A business builds an app using external developers and creatives. A few years later, they: Seek investment, or Try to sell During due diligence, it becomes clear they don’t fully own: The code The design Parts of the content The result? Delays, renegotiation — or a lost deal. Why This Matters Your website or app is often a core business asset. If you don’t control the IP: You don’t fully control the business And that impacts value, scalability, and exit options Need Help? If you’re unsure whether your website or app IP is properly structured, now is the time to review it. Book a strategy call: www.elisesteegstra.com Subscribe & Share If this episode was helpful, share it with a business owner or founder building something online. And don’t forget to follow Elise Explains IP for practical, real-world guidance on protecting your business.

    7 min

  7. 26 MAR

    Why Cadbury Doesn’t Own the Colour Purple (And Why Colour Trade Marks Are So Hard) - Ep 17

    Episode Title: Why Cadbury Doesn’t Own the Colour Purple (And Why Colour Trade Marks Are So Hard) Episode Overview Can a business really “own” a colour? In this episode of Elise Explains IP, we unpack Cadbury’s long-running attempts to protect its iconic purple packaging — and why those efforts have had mixed success in Australia and internationally. Using real cases, including the dispute with Darrell Lea and Cadbury’s failed UK registration, this episode explains why colour trade marks are some of the hardest rights to secure. What We Cover Cadbury’s use of purple Cadbury has used its distinctive purple (Pantone 2685C) for over a century, investing heavily in building brand recognition through colour alone. The Australian dispute with Darrell Lea Cadbury challenged Darrell Lea’s use of purple packaging, arguing it caused consumer confusion and leveraged Cadbury’s reputation. The UK trade mark attempt Cadbury’s application to register the colour purple failed due to lack of precision in how the colour was defined. Why colour trade marks are difficult We explore the legal and commercial hurdles, including exclusivity, consumer perception, and evidentiary burden. Key Case References Australia Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd [2007] FCAFC 70 Full Federal Court decision Confirmed that Cadbury did not have exclusive rights to the colour purple for chocolate packaging Emphasised that colour alone was insufficient to establish distinctiveness in this context United Kingdom / Europe Société des Produits Nestlé SA v Cadbury UK Ltd [2013] EWCA Civ 1174 Court of Appeal decision Rejected Cadbury’s colour trade mark application due to lack of clarity (“predominant colour” issue) Cadbury UK Ltd v Registrar of Trade Marks [2014] EWHC 16 (Ch) Further confirmation that the application lacked the precision required for registration Société des Produits Nestlé S.A. v Cadbury UK Limited [2022] EWHC 1671 (Ch). Meade J decided in Cadbury's favour on two counts, allowing the registration of two of its applications for colour. The third application was refused. Key Takeaways Colour can be a powerful branding tool — but it is rarely enough on its own Trade mark law is cautious about granting monopolies over colours Evidence of long-term use is necessary, but not always sufficient Precision in drafting trade mark applications is critical Strong brands rely on multiple identifiers, not just one visual element Why This Matters for Business Owners Many businesses assume that consistent use of colours, packaging, or design elements automatically creates legal ownership. The Cadbury example shows that: Recognition ≠ legal protection Brand strategy must be supported by legal strategy Early planning can avoid costly disputes later Further Resources If you’d like help protecting your brand or understanding what elements of your business can actually be registered as trade marks, you can learn more here: 👉 www.elisesteegstra.com About the Podcast Elise Explains IP is a podcast for business owners, founders, and advisors who want to understand how intellectual property actually works in practice — and how to protect what they’re building before problems arise.

    10 min

  8. 18 MAR

    Social Media IP Risks for Brands - Ep 16

    Episode: Social Media IP Risks for Brands Social media has become one of the most powerful tools for building a brand. But it also introduces a range of intellectual property risks that many businesses overlook. In this episode of Elise Explains IP, Elise discusses the most common IP and brand protection risks businesses face on social media — particularly when marketing teams, agencies, influencers and customers are all using the brand in different ways. From inconsistent use of trade marks to influencer behaviour that can damage brand reputation, this episode explores how quickly brand control can be lost online — and what businesses can do to manage those risks. Whether you're a business owner, marketer, or advisor, understanding these issues can help ensure your brand remains legally strong and commercially valuable as it grows online. In This Episode Elise explains: Why social media creates unique intellectual property risks for brands How inconsistent use of brand names and logos can weaken trade mark protection The risks associated with influencers using brand assets incorrectly How influencer behaviour can impact brand reputation Why user-generated content can create copyright issues How hashtags and social media trends can unintentionally reshape a brand Practical steps businesses can take to protect their IP online Key Topics Discussed 1. Inconsistent Brand Use on Social Media When marketing teams, agencies, and influencers all use the brand differently — abbreviations, altered logos, or modified taglines — it can weaken trade mark protection and create confusion about the brand itself. 2. Influencer Use of Brand Assets Influencers often create their own visual content, which can result in: altered logos modified brand colours cropped or stylised trade marks branding combined with other products Without clear guidelines, this can dilute the brand or create legal issues. 3. Influencer Behaviour Risks Influencers effectively act as public ambassadors for the brand. Controversial or inappropriate behaviour can quickly create reputational damage for the business associated with them. 4. Loss of Control Over Brand Content Once content is posted online, it can easily be: shared copied modified repurposed Businesses may lose control over how their IP appears across social platforms. 5. User-Generated Content Customer photos, videos and reviews are valuable marketing tools — but reposting them can raise copyright and permission issues if the business does not have clear rights to reuse that content. 6. Hashtags and Brand Identity Campaign hashtags can sometimes become more widely used than the trade mark itself, creating confusion about the brand and potentially weakening trade mark protection. Practical Steps for Businesses To reduce social media IP risks, businesses should consider: Creating clear social media brand guidelines Including IP and brand use terms in influencer agreements Monitoring online use of brand names, logos and hashtags Obtaining permission before reusing user-generated content Maintaining consistent use of registered trade marks Protecting a brand online requires ongoing management, not just registration of trade marks. Learn More For more insights on protecting your intellectual property and building legally strong brands, visit: https://www.elisesteegstra.com About the Podcast Elise Explains IP breaks down intellectual property issues in a clear and practical way for business owners, founders, advisors and professionals. Each episode focuses on real-world brand, trade mark and IP issues that affect growing businesses — and how to manage them strategically.

    12 min
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About

Elise Explains IP provides simple, expert guidance on trade marks, design registrations, copyright, brand strategy, and intellectual property law in Australia. Whether you're building a business or creating new content, Elise helps you understand your rights, avoid risks, and protect the value of your work.

Information

  • Creator
    elisesteegstra
  • Years Active
    2025 - 2026
  • Episodes
    23
  • Rating
    Clean
  • Copyright
    © Copyright 2025 All rights reserved.
  • Show Website
    Elise Explains IPcast