Elise Explains IPcast

elisesteegstra

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. 4 days ago

    Trade Marks, Grumpy Cats and Tequila: An IP Conversation with Armando Contreras Vaal - Ep 30

    Trade Marks, Grumpy Cats and Tequila: An IP Conversation with Armando Contreras Vaal In this special international episode of Elise Explains IP, Elise sits down with Mexican intellectual property lawyer Armando Contreras Vaal, founder of Guru.Legal, to discuss the realities of trade mark protection in Mexico, some unforgettable client stories, and the challenges businesses face when expanding into new markets. From representing internet celebrities and world-famous athletes to navigating trade mark squatting and geographical indications, this episode offers a fascinating insight into the Mexican IP landscape. In This Episode How Armando Found His Way into IP Like many IP lawyers, Armando didn't set out to specialise in intellectual property. What started as a university job opportunity has turned into a career spanning almost two decades and the creation of his own boutique IP practice, Guru.Legal. The Grumpy Cat Trade Mark Story One of Armando's most memorable matters involved representing the famous Grumpy Cat brand in Mexico. The Mexican Trade Mark Office initially raised concerns because of Disney's character Grumpy from Snow White. Armando successfully argued that consumers were unlikely to confuse a globally recognised internet cat with one of Disney's seven dwarfs, supported by evidence of Grumpy Cat's enormous popularity in Mexico. Protecting Trade Marks Before It's Too Late Armando discusses a common problem faced by entrepreneurs worldwide: Investing in branding before conducting trade mark searches Building websites and marketing materials before checking availability Discovering a trade mark conflict only after significant investment The discussion highlights why clearance searches should be one of the first steps in building a new brand. Unusual Trade Marks: Smells and Sounds The conversation explores non-traditional trade marks, including: Smell marks such as the distinctive scent associated with Play-Doh Sound marks registered in Mexico The challenges of proving distinctiveness for non-conventional branding assets It's a reminder that trade marks can extend far beyond words and logos. Mike Tyson and Trade Mark Rights Armando also shares a story about representing Mike Tyson in Mexico, overcoming objections based on an earlier registration for wrestler Tyson Kidd. The case demonstrates how reputation and context can play an important role in trade mark examination and enforcement. Tequila, Mezcal and Geographical Indications No discussion about Mexican IP would be complete without mentioning tequila. Armando explains how Mexico protects products through designations of origin and discusses the regulatory framework surrounding tequila and mezcal production and international use. Trade Mark Squatting in Mexico The episode concludes with practical advice for businesses entering Mexico, including: Conducting searches before launching Keeping evidence of use Understanding prior use rights Acting quickly when expanding internationally Avoiding trade mark squatting risks These lessons apply not only in Mexico but in many jurisdictions around the world. Key Takeaways Trade mark searches should happen before brand launch. International expansion creates unique trade mark risks. Non-traditional trade marks can include sounds, smells and other distinctive features. Evidence of use can be critical when enforcing rights. Trade mark squatting remains a significant issue in many countries. Local advice is invaluable when entering a new market. Connect with Armando Contreras Vaal Guru.Legal 🌐 https://guru.legal Email ✉️ https://www.elisesteegstra.com Disclaimer: This podcast is intended to provide general information only and does not constitute legal advice. Always obtain professional advice tailored to your circumstances before acting on any legal issue.

    20 min

  2. 17 June

    Blurred Lines: Inspiration vs. Infringement Unpacked - Ep 29

    Case Study: Blurred Lines — Inspiration vs Infringement Episode Summary Can you copyright a vibe? It's one of the most debated questions in intellectual property law, and it sits at the heart of the famous Blurred Lines copyright dispute between the creators of the 2013 hit song and the estate of Marvin Gaye. In this episode of Elise Explains IP, Elise explores the landmark case that sparked global debate about where inspiration ends and infringement begins. The case raised difficult questions about creativity, influence, originality, and whether copyright law should protect a particular style or feel. While the dispute arose in the music industry, the lessons apply far beyond songwriting. Business owners, designers, marketers, content creators, and brand builders all face similar challenges when drawing inspiration from successful competitors and industry leaders. Elise breaks down what happened in the case, why the decision remains controversial, how Australian copyright law approaches similar issues, and what creators can do to reduce legal risk while still producing original work. In This Episode The story behind the Blurred Lines copyright dispute Why Marvin Gaye's estate took legal action The difference between inspiration and infringement What copyright law does and doesn't protect Whether a "style" or "feel" can be protected Why the verdict divided musicians and copyright lawyers How Australian copyright law would approach similar issues Practical lessons for creators, businesses and brands How to draw inspiration without crossing legal boundaries Key Takeaways Copyright Protects Expression, Not Ideas Copyright generally protects the specific way an idea is expressed, rather than broad concepts, genres, styles or creative influences. Inspiration Is Not the Problem Every creator is influenced by existing work. The challenge is ensuring that inspiration becomes something new rather than a reproduction of someone else's protected material. Similarity Alone Is Not Enough The legal question is usually whether protected elements have been copied, not simply whether two works feel alike. Businesses Face Similar Risks The same principles apply when creating websites, branding, advertising campaigns, social media content, software, and marketing materials. Originality Creates Value The strongest intellectual property is often created when businesses build on inspiration while adding their own distinctive contribution. Featured Case Williams v Gaye (commonly referred to as the Blurred Lines case) The dispute concerned allegations that the song Blurred Lines infringed copyright in Marvin Gaye's 1977 song Got to Give It Up. The case became one of the most significant and controversial copyright decisions in modern music history. Further Reading Williams v Gaye (The Blurred Lines Case) The case is formally known as: Williams v Gaye, 895 F.3d 1106 (9th Cir. 2018) A useful summary of the appellate decision can be found through Stanford University's Copyright and Fair Use Center: 🔗 https://fairuse.stanford.edu/case/williams-v-gaye/ The full Ninth Circuit judgment is available via Justia: 🔗 https://law.justia.com/cases/federal/appellate-courts/ca9/15-56880/15-56880-2018-03-21.html The decision upheld the jury's finding that Blurred Lines infringed Marvin Gaye's Got To Give It Up, while also generating significant debate about whether the ruling risked extending copyright protection too far into musical style and influence. Further Listening Episode 7: Aldi, Trade Dress and the Fine Line Between Inspiration and Copying If you enjoyed this discussion about where inspiration becomes infringement, you may also enjoy Episode 7, where I explore Aldi's history of product packaging disputes and the concept of trade dress. While Blurred Lines focuses on copyright in creative works, the Aldi cases raise similar questions in branding and consumer products: When does inspiration become imitation? How close is too close? What does the law actually protect? How do courts distinguish between competition and copying? 🎧 Listen to Episode 7: Aldi, Trade Dress and Copying Resources To learn more about protecting the intellectual property in your business: 🌐 Elise Steegstra https://www.elisesteegstra.com Book a strategy call to discuss: Copyright protection Trade marks and branding Intellectual property ownership Business structures and asset protection Commercial agreements and licensing Connect If you enjoyed this episode, please: Follow Elise Explains IP Leave a review on your favourite podcast platform Share the episode with a business owner, creative or entrepreneur Connect with Elise on LinkedIn Because the best time to protect your intellectual property is before a dispute arises.

    12 min

  3. 10 June

    Protecting Brands in Mexico, Global Trade Mark Challenges & the Rise of AI | A Conversation with Aida Cervera - Ep 28

    In this special international edition of Elise Explains IP, Elise is joined by Mexican intellectual property lawyer Aida Cervera, founding partner of CELE Abogados, to discuss the practical realities of protecting brands internationally. Drawing on more than 20 years of experience in intellectual property law, including time spent at the Mexican Institute of Industrial Property (IMPI), Aida shares valuable insights into trade mark protection in Mexico, common mistakes businesses make when expanding internationally, and the opportunities and risks presented by artificial intelligence. This episode also marks the beginning of a new interview format for the podcast, featuring conversations with IP professionals from around the world to explore global perspectives on intellectual property. In This Episode Trade Mark Filing Challenges in Mexico Why classification of goods and services remains one of the most common trade mark filing issues The risks of filing trade mark applications without professional advice How overly narrow or incorrect specifications can undermine trade mark protection Practical differences between filing in Mexico and other jurisdictions Trade Mark Enforcement and Customs Protection How customs enforcement works in Mexico Recording trade marks with customs authorities The importance of preparing enforcement strategies in advance Practical considerations when counterfeit goods are detected Non-Traditional Trade Marks The growing role of sound marks and 3D marks Why non-traditional marks can be difficult to examine and enforce Challenges facing trade mark offices as new forms of branding emerge Working with examiners to overcome objections and secure registration Artificial Intelligence and Intellectual Property How AI is being used in legal practice today The dangers of relying on AI-generated legal research without verification Real-world examples of lawyers being caught citing fictional cases and authorities The impact AI may have on legal services, client expectations, and professional responsibility Emerging copyright and ownership questions surrounding AI-generated content Key Takeaways for Business Owners Protect your intellectual property early Don't assume trade mark registration is a simple administrative exercise International expansion requires careful consideration of local filing requirements AI can be a powerful tool, but it should never replace professional judgment Intellectual property is a valuable business asset and should be treated as an investment, not an afterthought Resources Mentioned CELE Abogados 🌐 https://celeip.com Connect with Aida Cervera 📧 aida@celeip.com AI Hallucination and Misuse Cases Database 🌐 https://www.damiencharlotin.com/hallucinations/ This database tracks court decisions and legal proceedings involving the misuse of generative AI, including cases where lawyers have submitted AI-generated fictitious authorities and citations. About Aida Cervera Aida Cervera is the founding partner of CELE Abogados in Mexico and has more than 20 years of experience in intellectual property law. Her background includes almost four years at the Mexican Institute of Industrial Property (IMPI), where she worked within the Divisional Department of Marks. She regularly advises businesses on trade marks, brand protection, enforcement, and international IP strategy. Need Help Protecting Your Intellectual Property? If you'd like advice on protecting your brand, copyright, trade marks, or other intellectual property assets in Australia, you can book a strategy call with Elise at: 🌐 www.elisesteegstra.com   Disclaimer: This podcast provides general information only and does not constitute legal advice. You should obtain professional advice tailored to your specific circumstances before taking action.

    28 min

  4. 3 June

    Creatives’ Biggest Mistake: To licence or not to licence - Ep 27

    How to License Your Creative Work (Without Losing Control) Many creatives assume they have only two options when it comes to intellectual property: keep it or sell it. In reality, licensing often provides a far more flexible and commercially valuable alternative. In this episode of Elise Explains IP, Elise explores how licensing works, why it is one of the most powerful tools available to creatives, and how poorly structured arrangements can result in lost value, confusion, and disputes. Whether you're a designer, photographer, artist, writer, software developer, content creator, or business owner, understanding licensing can help you generate income from your work while retaining ownership and control. In This Episode What a licence actually is and how it differs from an assignment Why licensing allows you to retain ownership of your intellectual property Common examples of licensing in creative and commercial industries The risks of informal or unwritten licensing arrangements The key terms every licence should address Exclusive vs non-exclusive licences Licensing duration, territory, and permitted uses How licensing can create recurring revenue streams Common mistakes creatives make when granting rights to others Why value and commercial impact should influence pricing Practical steps to better protect and monetise your creative work Key Takeaway A licence is simply permission to use intellectual property under agreed conditions. Unlike an assignment, a licence allows the creator to retain ownership while generating value from their work. When structured correctly, licensing can become a powerful business asset rather than a one-off transaction. Questions to Consider Do you know whether your current agreements are licences or assignments? Have you clearly defined how clients can use your work? Are your licensing arrangements documented in writing? Are you being appropriately compensated for the commercial value of your intellectual property? Could your creative work generate ongoing revenue through licensing opportunities? Common Licensing Terms When licensing creative work, consider: Scope of permitted use Exclusivity Duration Geographic territory Rights to modify or adapt the work Payment structure Termination rights Attribution requirements Who Should Listen? This episode is ideal for: Designers and creatives Photographers and videographers Writers and content creators Software developers Digital product creators Marketing professionals Small business owners Founders and entrepreneurs Need Help Protecting Your Intellectual Property? If you're unsure whether you're licensing your intellectual property, assigning it, or inadvertently giving away valuable rights, professional advice can help you avoid costly mistakes. Book a strategy session at: 🌐 www.elisesteegstra.com Subscribe & Connect If you enjoyed this episode, please subscribe, leave a review, and share it with someone building a business or creative brand. Elise Explains IP helps business owners, founders, creatives, and advisors understand intellectual property in a practical, strategic, and accessible way.

    9 min

  5. 27 May

    Moral Rights in Australian Copyright: McCallum v Projector Films Case - Ep 26

    Copyright and Moral Rights in Australia — Why Credit Still Matters In this episode of Elise Explains IP, Elise unpacks one of the most misunderstood areas of Australian copyright law: moral rights. Most business owners understand the concept of copyright ownership — but far fewer understand that creators can retain important personal rights connected to attribution, reputation, and integrity, even when copyright itself has been assigned. Using the recent Federal Court decisions in: McCallum v Projector Films Pty Ltd (Liability Hearing) [2026] FCA 173 McCallum v Projector Films Pty Ltd (Liability Orders) [2026] FCA 653 Elise explains why these cases are becoming so important for filmmakers, agencies, designers, photographers, writers, and creative businesses across Australia. The episode explores: What moral rights are under Australian copyright law The difference between copyright ownership and attribution rights The right of attribution, integrity, and protection against false attribution Why “blanket” moral rights waivers may not be enforceable How the Federal Court approached creative credit disputes in McCallum Why attribution disputes can become major reputational and commercial problems Practical lessons for creatives, production companies, agencies, and businesses This episode is particularly relevant for: filmmakers and production companies marketing and creative agencies designers and photographers founders working with freelancers or contractors businesses commissioning creative work anyone relying on template IP agreements Key Takeaways Copyright ownership and moral rights are separate legal concepts Creators can retain moral rights even if copyright is assigned Proper attribution matters commercially and professionally Generic moral rights waiver clauses may not provide complete protection Creative roles and credits should be clearly documented from the beginning of a project Businesses should review template agreements and attribution processes Cases Discussed McCallum v Projector Films Pty Ltd (Liability Hearing) [2026] FCA 173 McCallum v Projector Films Pty Ltd (Liability Orders) [2026] FCA 653 Need Advice About Copyright or Creative Contracts? If you need assistance with: copyright ownership licensing arrangements creative or production agreements moral rights issues IP protection strategies contractor and agency agreements you can book a strategy call via: www.elisesteegstra.com Connect with Elise Website: www.elisesteegstra.com If you enjoyed this episode, please subscribe, leave a review, and share the podcast with a business owner, creative, or agency team who would benefit from understanding how moral rights actually work in Australia.

    12 min

  6. 20 May

    Copyright for Creatives in Australia - Ep 25

    Who Actually Owns Your Work? Copyright Basics Every Creative Needs to Know Most creatives know that copyright exists — but far fewer understand how ownership, licensing, and commercial use actually work in practice. In this episode of Elise Explains IP, Elise breaks down the fundamentals of copyright law in Australia for creatives, business owners, and agencies. The episode explores who really owns creative work, why contracts matter more than most people realise, and how copyright protection can change once designs move into commercial manufacturing. Whether you’re a designer, photographer, content creator, artist, videographer, or creative agency, this episode explains the practical realities behind one of the most important forms of intellectual property. In This Episode Elise discusses: What copyright protects in Australia Why copyright arises automatically The difference between ownership and permission to use work The legal distinction between employees and contractors Why “I paid for it” does not automatically mean ownership The difference between assigning and licensing copyright Common copyright mistakes creatives make with client work How unclear agreements create long-term business risk The overlap between copyright law and designs law What “industrial application” means for product-based creatives Why commercially manufactured designs may lose copyright protection The importance of thinking strategically about IP before scaling creative work Key Takeaway Copyright is not just a legal technicality — it is a commercial asset. Understanding who owns creative work, what rights are being transferred, and when additional protection may be required can make a significant difference to the long-term value of a creative business. Need Advice About Creative IP or Ownership Structures? If you need guidance around: copyright ownership, licensing arrangements, creative contracts, design protection, or protecting commercially valuable creative assets, you can book a strategy call via: 🌐 www.elisesteegstra.com Disclaimer This podcast provides general educational information only and does not constitute legal advice. You should obtain advice tailored to your specific circumstances before acting on any information discussed in this episode.

    12 min

  7. 13 May

    Oracle v Google — When Code Isn’t Just Code - Ep 24

    What happens when a company copies the structure of a software system — but writes its own code? In this episode of Elise Explains IP, Elise unpacks one of the most important intellectual property cases in modern technology: Oracle v Google. The dispute centred on Google’s use of Java APIs when developing Android, and raised a major legal question: Can the structure of software systems be protected by copyright? But this episode goes beyond the legal headlines. Elise explains why this case matters for: SaaS founders Tech businesses Platform operators Advisors working with digital businesses And any business building software products or scalable systems You’ll also learn why relying on “fair use” can be dangerous — particularly for Australian businesses operating under much narrower fair dealing rules. In This Episode ✔️ What APIs actually are (in plain English) A practical explanation of APIs and why they became central to the dispute. ✔️ What Google copied — and why it mattered The difference between: copying code copying structure and replicating how a system works ✔️ Why the case lasted over 10 years A look at the commercial stakes and legal uncertainty surrounding the dispute. ✔️ The Supreme Court’s fair use decision Why Google ultimately succeeded in the US — and why that outcome doesn’t easily translate to Australia. ✔️ Fair Use vs Fair Dealing A critical distinction for Australian businesses: US law uses broad “fair use” Australia relies on narrow “fair dealing” exceptions ✔️ The real-world risks for businesses Including: investor due diligence issues forced rebuilds licensing disputes platform redesigns commercial disruption Key Takeaways Intellectual property risk in software is not limited to copied code Structure, organisation, and system design can also become contentious “We rewrote it ourselves” is not always a complete defence Fair use is a US doctrine — and Australian businesses should not assume the same flexibility exists here Licensing and early IP strategy are significantly cheaper than litigation later Practical Questions for Founders & Advisors If you’re building software or digital systems, ask yourself: Are we modelling our product on an existing platform? What third-party frameworks or APIs are we relying on? Do we clearly understand the licensing terms? Have we documented what IP actually exists in our system? Would an investor or acquirer be comfortable with our IP position? Mentioned in This Episode Oracle America, Inc. v Google LLC Java APIs Android operating system Fair use (US) Fair dealing (Australia) About Elise Explains IP Elise Explains IP is a practical podcast for business owners, founders, creatives, and advisors who want to better understand intellectual property and business protection. The focus is simple: 👉 helping businesses identify risk early and protect what they’re building before problems arise. Need Advice? If you’re building software, digital products, systems, or scalable platforms — and you’re unsure where your intellectual property risks sit — you can book a strategy call using the link below. www.elisesteegstra.com Protecting your IP early is usually far easier than untangling it later.

    10 min

  8. 6 May

    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
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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
    30
  • Rating
    Clean
  • Copyright
    © Copyright 2025 All rights reserved.
  • Show Website
    Elise Explains IPcast