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. 1d ago

    Who’s Using Your Trade Mark? How to Monitor and Protect Your Brand - Ep 38

    Who’s Using Your Trade Mark? How to Monitor and Protect Your Brand - Ep 38 Registering a trade mark is an important step—but it does not mean IP Australia will monitor the market or automatically stop other businesses from adopting a similar brand. Following on from the BROWN NOSE DAY case, this episode looks at what happens after registration. The Full Federal Court confirmed in Registrar of Trade Marks v National Cancer Foundation Limited [2026] FCAFC 95 that the Registrar’s post-registration revocation power is exceptional. It is not a substitute for opposing a trade mark during the proper opposition period. The practical lesson is simple: if you want to protect your brand, you need a system for detecting potentially conflicting applications and real-world use before the problem becomes harder—and more expensive—to resolve. In this episode, Elise explains how businesses can monitor their trade marks, how the IP Australia opposition process works and what options may be available when a possible infringement is discovered. In this episode Why registering a trade mark does not create an automatic monitoring service The difference between monitoring the Trade Marks Register and monitoring the marketplace What to watch for beyond exact copies of your brand How to search for similar names, misspellings, logos and related goods or services Using trade mark watching services, search alerts, social media, domain records and online marketplaces Why ASIC business name registration does not give the same rights as trade mark registration The key stages in an IP Australia trade mark opposition and the two-month window for filing a Notice of Intention to Oppose The difference between opposing an application and pursuing trade mark infringement What evidence to preserve when you discover possible infringement Options including an informal approach, a letter of demand, negotiated undertakings, platform complaints, domain name proceedings, Australian Border Force notices and court action Why not every similar mark requires a legal fight How to create a practical, proportionate monitoring plan for your business The IP Australia opposition process Once a trade mark application is accepted, it is advertised so third parties have an opportunity to oppose it. A person wishing to challenge the application generally needs to file a Notice of Intention to Oppose within two months after acceptance is advertised. The opponent must then file a Statement of Grounds and Particulars identifying the legal grounds relied upon and the facts supporting them. If the applicant defends the application, the matter may proceed through evidence and a hearing before an IP Australia hearing officer. Some disputes are resolved commercially—for example, by narrowing the goods or services, changing the proposed brand or negotiating an appropriate coexistence arrangement. An opposition determines whether the application should be registered. If the applicant is already using the mark, a separate enforcement strategy may also be required. A practical monitoring plan A useful system does not need to involve watching every corner of the internet every day. It should reflect the value of the brand and where infringement is most likely to occur. Start by: Identifying your core business names, product names, logos, taglines and distinctive packaging. Recording what is registered, who owns it, the relevant goods and services, countries and renewal dates. Selecting the registers, search engines, domains, social platforms and marketplaces that matter to your business. Giving one person responsibility for reviewing alerts and recording deadlines. Creating a response process so evidence is preserved and each issue is assessed consistently. Registration gives you the legal right. Monitoring gives you the opportunity to protect it at the right time. Case discussed Registrar of Trade Marks v National Cancer Foundation Limited [2026] FCAFC 95—the BROWN NOSE DAY trade mark case. View the Federal Court online case file Useful resources Search Australian trade marks IP Australia: How to challenge someone else’s IP IP Australia trade mark opposition flow chart Australian Border Force: Notices of Objection Check your own IP risks Not sure whether your important brands and other intellectual property are properly identified, owned and protected? Complete the free IP Risk and Ownership Audit to identify potential gaps in your business. For further information or to book an IP Strategy Call, visit www.elisesteegstra.com. Disclaimer: This podcast is intended for general educational purposes only and does not constitute legal advice. You should obtain advice tailored to your circumstances before acting on any information discussed in this episode.

  2. Aug 12

    Brown Nose Day v Red Nose Day: A Trade Mark Battle Won by a Nose - Ep 37

    Brown Nose Day v Red Nose Day: A Trade Mark Battle Won by a Nose - Ep 37 What happens when IP Australia registers a trade mark—and then changes its mind? In this episode of Elise Explains IP, we unpack the wonderfully unusual dispute between BROWN NOSE DAY and the earlier RED NOSE DAY trade marks. Both names use a colour followed by the words NOSE DAY. Both relate to charitable fundraising. At first sniff, they may appear uncomfortably close. However, the Full Federal Court concluded that the marks were not deceptively similar. The familiar expression “brown nose” gave BROWN NOSE DAY its own distinct meaning and created a different overall impression from RED NOSE DAY. The decision also considers an important and relatively unusual issue: when the Registrar of Trade Marks can revoke a trade mark after it has already been registered. In this episode Elise explains: How BROWN NOSE DAY came to be registered for charitable fundraising services Why IP Australia later attempted to revoke the registration How courts decide whether two trade marks are deceptively similar Why trade marks must be considered as a whole How meaning, appearance, sound and imperfect recollection affect the comparison Why the expression “brown nose” helped distinguish the later mark When section 84A of the Trade Marks Act 1995 allows the Registrar to undo a registration Why acceptance or registration does not guarantee that a trade mark will never be challenged The value of conducting proper clearance searches before committing to a brand Why registered trade mark owners should monitor new applications The case Registrar of Trade Marks v National Cancer Foundation Limited [2026] FCAFC 95. The Full Federal Court dismissed the Registrar’s appeal and allowed the BROWN NOSE DAY registration to remain. The Court found that BROWN NOSE DAY was not deceptively similar to the earlier RED NOSE DAY marks. Consumers were likely to understand “brown nose” as a familiar expression, rather than viewing the name as simply another colour in a series of NOSE DAY campaigns. The decision also confirms that the Registrar’s post-registration revocation power can extend to errors of judgment. However, determining whether a registration was legally wrong and deciding whether revocation would be reasonable are separate questions. You can access the Federal Court’s online case file. Practical takeaways A trade mark comparison involves more than counting the words two names have in common. The real question is the overall impression each mark creates for an ordinary consumer who may have only an imperfect recollection of the earlier mark. Before adopting a new brand: Search for similar marks, not only exact matches Consider similarities in sound, meaning, appearance and structure Think about whether consumers might assume the brands are connected Avoid making a substantial investment in a name before understanding the risks Monitor new trade mark applications after securing registration Keep records of important branding, ownership and licensing decisions Registration remains an enormously valuable form of protection, but it is not a substitute for careful clearance work and an ongoing brand protection strategy. Sometimes a small change will not be enough to avoid confusion. At other times, one carefully chosen word completely changes the scent of the mark. Need help protecting a new brand? If you are developing a new brand, preparing to file a trade mark application or concerned about a similar name appearing in the market, you can book an IP Strategy Call with Elise at elisesteegstra.com. Listen to the episode and follow Elise Explains IP for practical explanations of the intellectual property issues affecting businesses, founders and creatives. Disclaimer: This podcast is intended for general educational purposes only and does not constitute legal advice. You should obtain advice tailored to your circumstances before acting on any information discussed in this episode.

  3. Aug 5

    Copyright in the Age of AI: How Creators Can Protect Their Images Online with Marcus Schmitt - Ep 36

    Copyright in the Age of AI: How Creators Can Protect Their Images Online with Marcus Schmitt - Ep 36 Every day, more than three billion images are uploaded and shared online. According to today's guest, as many as 80–85% are used without a licence. So how can photographers, designers, content creators and businesses possibly keep track of where their images end up? And what does copyright enforcement look like in a world where AI can create, modify and distribute content in seconds? In this episode of Elise Explains IP, I'm joined by Marcus Schmitt, Founder and CEO of the MEDIA-IDENT Group, the company behind COPYTRACK and BRANDS-IDENT. Marcus shares how AI is transforming copyright enforcement, why so many businesses unknowingly infringe copyright, and what creators can do to better protect their intellectual property. Whether you're a photographer, business owner, marketer or simply someone who creates original content, this episode offers practical insights into one of the fastest-moving areas of intellectual property law. In this episode we discuss: Why image copyright infringement is far more common than most people realise. How AI-powered image monitoring is changing copyright enforcement. Why most copyright infringement isn't malicious—but can still be costly. The biggest mistakes businesses make when using images they find online. Whether watermarking still works in an AI world. How AI-generated images are affecting photographers and stock image creators. How copyright owners can discover where their images are being used online. What businesses should do before using an image on their website or social media. How global copyright enforcement works across more than 200 countries. Why monitoring your intellectual property is just as important as registering it. Key takeaways One of the biggest misconceptions is that if an image appears in a Google search, it's free to use. It isn't. Copyright continues to apply regardless of how easily an image can be found online. Marcus explains that monitoring intellectual property is becoming just as important as obtaining it in the first place. Technology now allows copyright owners to identify unauthorised uses of their work at a scale that simply wasn't possible a decade ago. We also discuss the impact AI is having on photographers and other creators, with AI-generated content rapidly changing the stock image market and creating new challenges around ownership, licensing and enforcement. Perhaps most importantly, Marcus reminds us that protecting intellectual property isn't only about recovering compensation. Sometimes it's about protecting your reputation, preserving the value of your creative work, and maintaining control over how your content is used. Resources MEDIA-IDENT Group https://mediaident.com COPY-IDENT BRANDS-IDENT SOURCE-IDENT   About Marcus Schmitt Marcus Schmitt is the Founder and CEO of the MEDIA-IDENT Group, a Berlin-based legal technology company specialising in AI-powered copyright enforcement, brand protection and digital content provenance. Since founding the business in 2015, Marcus has grown the company organically into a global operation that manages more than 100,000 copyright enforcement matters every month and monitors over 1.5 million image uses across more than 200 countries. Connect with Elise 🌐 Website: https://www.elisesteegstra.com 📅 Book an IP Strategy Call: https://www.elisesteegstra.com 🎙️ Subscribe to Elise Explains IP for practical conversations about intellectual property, business protection and the legal issues that matter to business owners.   Disclaimer: The information discussed in this episode is general information only and is not legal advice. If you need advice about your own circumstances, you should obtain professional legal advice.

  4. Jul 29

    The Hidden IP Risks in Using AI for Marketing - Ep 35

    The Hidden IP Risks of Using AI for Marketing - Ep 35 Artificial intelligence has become an everyday marketing tool. Businesses are using AI to write website copy, create social media content, generate logos, design images and even produce videos in a matter of minutes. But while AI makes content creation faster than ever, it also raises important intellectual property questions that many business owners haven't considered. In this episode of Elise Explains IP, Elise explores the hidden IP risks that can arise when using AI for marketing and explains why "the AI created it" doesn't necessarily mean you're free to use or own it. You'll learn why AI-generated content can present challenges around copyright ownership, how AI outputs can unintentionally resemble existing creative works, and why trade mark searches are still essential before launching a new brand or logo. Elise also discusses the risks of uploading confidential business information into AI platforms and why every business should have clear guidelines around how employees use AI. Whether you're using ChatGPT, Claude, Gemini, Microsoft Copilot, Midjourney, Canva AI, Adobe Firefly or another AI platform, understanding these risks can help you avoid costly disputes while making the most of this rapidly evolving technology. In this episode, you'll learn: Why AI-generated content doesn't always attract copyright protection. Why using AI doesn't automatically mean you own the content it creates. How AI-generated material can sometimes resemble existing copyrighted works. The importance of understanding AI platform licence terms. Why AI can't replace proper trade mark clearance searches. The risks of uploading confidential information into AI tools. Why businesses should implement an AI usage policy. Practical steps to reduce intellectual property risks while using AI in marketing. Key takeaway AI is an incredibly powerful marketing assistant, but it isn't a substitute for good intellectual property strategy. The businesses that will benefit most from AI are those that combine its efficiency with sensible legal and commercial risk management. Resources Download Elise's free IP Audit Checklist to identify the intellectual property your business already owns and uncover opportunities to better protect it. Book an IP Strategy Call if you'd like tailored advice about protecting your brand, content, software or other intellectual property while adopting AI in your business. Connect with Elise Website: https://www.elisesteegstra.com LinkedIn: https://www.linkedin.com/in/elisesteegstra/ Podcast: Elise Explains IP If you enjoyed this episode, please subscribe, leave a review, and share it with another business owner who is using AI in their marketing. It helps more people understand how intellectual property can become one of their business's most valuable assets.   Disclaimer: This podcast is intended for general educational purposes only and does not constitute legal advice. You should obtain advice tailored to your circumstances before acting on any information discussed in this episode.

  5. Jul 22

    How India Protects Brands: An IP Conversation with Ahona Chakrabarty - Ep 34

    Trade Marks in India: What Every Global Brand Needs to Know with Ahona Chakrabarty - Ep 34 Expanding your business into India? Your trade mark strategy might need more attention than you think. In this episode of Elise Explains IP, I'm joined by Indian trade mark lawyer Ahona Chakrabarty to explore how intellectual property protection works in one of the world's fastest-growing economies. India has become a major market for international businesses, but many foreign brands still treat it as a secondary filing jurisdiction. As Ahona explains, that delay can create unexpected problems, even for well-known international brands. We discuss why India is a first-to-use jurisdiction, the importance of filing trade marks early, how non-traditional trade marks such as shapes, sounds and even scents are being protected, and what businesses should consider when using AI to develop new brands. Whether you're already doing business in India or planning international expansion, this episode offers practical insights to help you protect your brand before problems arise. In this episode we discuss: Why India should be considered an early trade mark filing jurisdiction How India's first-to-use trade mark system differs from many other countries Common misconceptions businesses have about trade mark registration Why filing a trade mark application does not automatically give you registered rights The importance of conducting clearance searches before launching a new brand How famous international brands can still face objections in India Section 11 objections and why delaying your filing can create unnecessary risk Registering non-traditional trade marks, including shape marks, sound marks and scent marks The growing role of artificial intelligence in branding and trade mark creation Why AI shouldn't replace creativity when developing a distinctive brand Practical advice for businesses looking to protect their intellectual property internationally Key takeaway One of the biggest mistakes businesses make is treating intellectual property as something to deal with after they've launched. Whether you're creating a new brand or expanding overseas, thinking about trade marks early can save significant time, money and frustration later. About Ahona Chakrabarty Ahona Chakrabarty is an Indian trade mark lawyer who specialises in trade mark prosecution, enforcement and brand protection. She advises businesses on protecting their intellectual property in India and has extensive experience navigating one of the world's fastest-growing and most dynamic trade mark systems. Resources If you're considering expanding your business internationally, don't assume your Australian trade mark rights will protect you overseas. Every country has its own laws, filing strategies and commercial considerations. If you'd like advice on protecting your intellectual property in Australia or developing an international filing strategy, we'd love to help. Book an IP Strategy Call through the link in the show notes. If you need assistance protecting your trade mark in India, you can also contact Ahona using the details provided below. KRISHNA & SAURASTRI ASSOCIATES LLP Tel: (+91 22) 2200 6322 Ext 291 Fax: (+91 22) 2200 6326 / 66550607 Mobile: (+91) 7045996758 ahona@krishnaandsaurastri.com www.krishnaandsaurastri.com https://www.linkedin.com/in/ahona-chakrabarty-212146141/  Enjoying the podcast? If you're finding Elise Explains IP helpful, please subscribe, leave a review and share the episode with another business owner or advisor. It helps more people understand how intellectual property can protect the businesses they're building.

  6. Jul 15

    Who Owns the Intellectual Property in Your Family Business? - Ep 33

    Who Owns the IP in the Family Business? When people think about succession planning, they usually focus on the obvious assets—property, shares, bank accounts and equipment. But what about the intellectual property? Trade marks, customer databases, software, operating manuals, websites, branding, confidential know-how and business systems can be some of the most valuable assets a family business owns. Yet they're often overlooked until it's too late. Following on from our previous episode discussing the Victorian Supreme Court decision in Re Estate of Vaughan, this episode explores what happens when intellectual property is tied up in a family business, why ownership matters, and how poor planning can create expensive disputes during succession or estate administration. If you're a business owner, founder, or advisor working with family businesses, this episode will help you understand why IP should be a key part of every succession plan. In this episode, you'll learn: Why intellectual property is often one of the most valuable assets in a family business. The difference between creating IP and legally owning it. Why founders don't automatically own all of the business's intellectual property. Common ownership traps involving employees, family members, contractors and marketing agencies. Why company ownership and IP ownership don't always align. The risks executors face when intellectual property forms part of a deceased estate. How unclear IP ownership can fuel family disputes after retirement or death. Five practical steps every family business should take to protect its intellectual property before succession occurs. Key Takeaways Intellectual property doesn't disappear when a business owner retires or passes away. In fact, it often becomes even more important. Without clear ownership records, valuable assets such as trade marks, copyright, domain names, software, confidential information and business systems can become difficult—or impossible—to transfer, licence or protect. Taking the time to identify, document and align ownership of your intellectual property can save significant legal costs, preserve business value and make succession far smoother for the next generation. Free Resource Not sure where to start? Download my free Intellectual Property Audit Checklist from my website. It will help you identify the key IP assets in your business, understand who owns them, and highlight potential gaps before they become costly problems. Download here: https://www.elisesteegstra.com Need Help? If you'd like advice on: Intellectual property ownership Family business succession Trade marks and copyright Business structuring Estate planning for business owners I'd be happy to help. Book a strategy call through my website: https://www.elisesteegstra.com Connect with Elise 🌐 Website: https://www.elisesteegstra.com 💼 LinkedIn: https://www.linkedin.com/in/elisesteegstra/ 🎙️ Subscribe to Elise Explains IP wherever you listen to podcasts so you never miss an episode. #familybusiness #intellectualproperty #businesssuccession #estateplanning #trademarks #copyright #businessowners #smallbusiness #familyenterprise #iplaw #businessprotection #EliseExplainsIP

  7. Jul 8

    Guest Interview: Re Estate of Vaughan – When an Executor Accidentally Destroys IP - Ep 32

    What Happens to Your Intellectual Property When You Die? When people think about estate planning, they usually think about Wills, family homes and bank accounts. But what about your intellectual property? If you're a business owner, inventor, creative or entrepreneur, some of your most valuable assets may be your copyright, trade marks, software, confidential information, business systems, designs or patents. These assets don't simply disappear when you die—and if they're overlooked by your executor, the consequences can be significant. In this episode of Elise Explains IP, Elise is joined by commercial and estate planning lawyer Sarah Carey to explore the intersection between intellectual property and estate planning. Using the Victorian Supreme Court decisions in Re Estate of Vaughan; Dunn v Dunn-Vaughan [2024] VSC 7 and Re Estate of Vaughan; Dunn v Dunn-Vaughan (No 2) [2024] VSC 128, they discuss how an executor became personally liable after disposing of documents that contained valuable intellectual property, mistakenly believing that copyright ended when the creator died. It's a fascinating reminder that intellectual property can survive its creator for decades—and that executors have a legal duty to identify, protect and properly administer those rights. In this episode we discuss: Why estate planning is about much more than simply making a Will. The different estate planning documents every business owner should consider. How intellectual property forms part of a deceased estate. The duties and fiduciary obligations of executors and administrators. Why copyright can continue for up to 70 years after the creator's death. The facts and outcome of the Vaughan decisions. Why searching IP Australia won't identify copyright. How an executor became personally liable for more than $400,000. Practical steps business owners can take to protect their intellectual property as part of their succession planning. Choosing the right executor when intellectual property forms part of your estate. Key Takeaways Your intellectual property may become one of the most valuable assets in your estate. Executors have a duty to identify, preserve and appropriately manage intellectual property, just as they would any other estate asset. Never assume that copyright or other intellectual property rights end when their creator dies. Business owners should include intellectual property in their estate and succession planning, and ensure their executors know what assets exist and where to find them. Resources Yarra Lane Group https://yarralanegroup.com.au Connect with Sarah Carey on LinkedIn: https://www.linkedin.com/in/sarah-carey-444b7042/ sarah.c@yarralanegroup.com.au Cases Discussed Re Estate of Vaughan; Dunn v Dunn-Vaughan [2024] VSC 7 Re Estate of Vaughan; Dunn v Dunn-Vaughan (No 2) [2024] VSC 128 If you enjoyed this episode, please subscribe, leave a review, and share it with a business owner, inventor, creative or advisor who could benefit from understanding how intellectual property fits into estate planning. As always, this podcast contains general information only and is not legal advice. If you'd like advice about protecting your intellectual property or incorporating it into your estate planning, you can book a strategy call via my website.

  8. Jul 1

    Can Peru Trade Mark PISCO? The Fight Over a National Drink - Ep 31

    Can Peru Trade Mark PISCO? The Global Fight Over a National Drink - Ep 31 Can a country own the name of a product? In this episode of Elise Explains IP, Elise explores the fascinating Federal Court decision in Republic of Peru (Peruvian State) v Registrar of Trade Marks [2026] FCA 791, a case that sits at the intersection of trade marks, geographical indications, branding, and national identity. The dispute centred on Peru's attempt to register PISCO as a certification trade mark in Australia. While Peru argued that Pisco is a uniquely Peruvian spirit produced according to strict regional and production standards, the Australian Trade Marks Office initially refused the application, finding that Australian consumers may understand pisco to refer more generally to a spirit produced in both Peru and Chile. The Federal Court ultimately disagreed. This episode examines how the Court approached the question of consumer perception, the role of certification trade marks, and why the commercial value of a product's origin can become a powerful form of intellectual property. In This Episode What a certification trade mark is and how it differs from an ordinary trade mark The history of Pisco and why both Peru and Chile claim rights to the name Why geographical origin can become valuable intellectual property How consumer perception influences trade mark registration The evidence that persuaded the Court to overturn the Registrar's decision The relationship between certification marks and geographical indications What this decision means for producers, industry groups, and brand owners Key Takeaways Certification marks protect standards, not ownership Unlike ordinary trade marks, certification marks indicate that goods meet particular standards relating to quality, production methods, ingredients, or geographic origin. Reputation can become intellectual property Consumers often associate products with particular places, traditions, and production methods. That reputation can become commercially valuable and legally protectable. Consumer understanding matters Trade mark disputes are often decided by how consumers understand a word, name, or brand in the marketplace—not simply by historical arguments or dictionary definitions. Geographic branding can be a major business asset Whether you're producing wine, food products, agricultural goods, or specialty products, the reputation attached to where something comes from may be one of your most valuable assets. Cases Discussed Republic of Peru (Peruvian State) v Registrar of Trade Marks [2026] FCA 791 Connect with Elise If you need assistance with trade marks, branding, certification marks, licensing, or intellectual property strategy, visit: 🌐 https://www.elisesteegstra.com   Disclaimer: This podcast is intended for general educational purposes only and does not constitute legal advice. You should obtain advice tailored to your circumstances before acting on any information discussed in this episode.

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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.

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  • Creator
    elisesteegstra
  • Years Active
    2025 - 2026
  • Episodes
    38
  • Rating
    Clean
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    © Copyright 2025 All rights reserved.
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    Elise Explains IPcast