Elise Explains IPcast

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 con...

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, o...

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 Da...

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, influence...

The Katy Perry Trade Mark Case: What the High Court Actually Decided Episode: Taylor v Killer Queen LLC [2026] HCA 5 Episode Overview In this episode of Elise Explains IP, we unpack the High Court of Australia’s long-awaited decision in Taylor v Killer Queen LLC [2026] HCA 5 — widely known as the Katy Perry trade mark case. The dispute involved an Australian fashion designer who registered the tra...

Protecting Slogans & Taglines: When Words Become Trade Marks Many of the world’s most memorable brands are built around short phrases. Think “Just Do It”, “Because You’re Worth It”, or “I’m Lovin’ It.” But can businesses actually protect slogans and taglines as trade marks? In this episode of Elise Explains IP, Elise unpacks how trade mark law treats slogans, why many applications fail, and wh...

In this episode of Elise Explains IP, we explore how packaging shapes and colours can function as trade marks under Australian law. We break down the legal test for non-traditional marks, why distinctiveness matters, how functionality can undermine protection, and what evidence you need if you’re building these kinds of brand assets. We also unpack a major recent dispute over the Moccona coffee ja...

How Burger King Lost Its Name in Australia — Trade Mark Lessons for Growing Businesses What happens when a global brand expands into a new country… and discovers it doesn’t legally own its own name there? In this episode, Elise breaks down the famous Australian branding anomaly behind Burger King and Hungry Jack's, and explains why this story is more than just business trivia — it’s a powerful les...

International Trade Marks & When You Need Them Trade marks don’t travel. In this episode of Elise Explains IP, Elise breaks down the practical realities of international trade mark protection — when you need it, how to approach it, and what can go wrong if you delay. From manufacturing risks to eCommerce expansion, this episode explains why global business requires a global brand strategy. Key...

Choosing a business name is exciting. Choosing a protectable business name? That’s strategic. In this episode of Elise Explains IP, we break down what actually makes a trade mark strong — and why most trade mark issues start at the naming stage, not at registration. If you're launching a new business, rebranding, or advising clients on brand strategy, this episode walks through the practical legal...

In this episode of Elise Explains IP, we dig deeper into the long-running ORO trade mark saga — this time through the lens of the Federal Court case Cantarella Bros Pty Ltd v Lavazza Australia Pty Ltd (No 3) [2023] FCA 1258. Rather than overturn the earlier High Court decision, this judgment demonstrates another way the enforceability of a foreign-word trade mark can be defeated. 🔎 Key Issues Exp...

Show Notes: Getty Images v Stability AI – What This Landmark AI Case Means Episode Title: Getty Images v Stability AI – What This Landmark AI Case Means (and Why Australia Should Be Paying Attention) Judgment Link: Getty Images (US) Inc & Ors v Stability AI Ltd [2025] EWHC 2863 (Ch) (High Court of Justice, England and Wales, 4 November 2025) – https://www.judiciary.uk/wp-content/uploads/2025/1...

Aldi, Dupes and IP Law: When “Inspired By” Goes Too Far Episode summary Aldi is no stranger to headlines for its lookalike products — often called “dupes”. But when does copying cross the legal line from legitimate competition into intellectual property infringement? In this episode of Elise Explains IP, Elise unpacks the legal risks behind dupe culture and explains how courts in Australia and the...

In this episode of Elise Explains IP, Elise breaks down how foreign words are treated under Australian trade mark law, and whether they can be considered descriptive — potentially undermining distinctiveness. We walk through the legal framework, practical examples, and what brand owners need to know when choosing and protecting trade marks that use words from another language. Key Discussion Point...

Episode Summary In this episode of Elise Explains IP, host Elise Steegstra breaks down a core concept in trade mark law: distinctiveness. Understanding whether a trade mark is distinctive — and at what level — can mean the difference between strong legal protection and a trade mark that’s vulnerable or unregistrable. Elise explains: What distinctiveness means in trade mark law The spectrum of dist...

In this episode of Elise Explains IP, Elise breaks down one of Australia’s most iconic branding disputes: the long-running legal battle between Kraft and Bega over the famous yellow peanut butter jar. We explore how something as simple as packaging colour can become the centre of a multi-million-dollar IP dispute — and what the case teaches every business about trade marks, goodwill, restructures,...

Beyond NDAs: Proactive Protection Strategies | Elise Explains IP In this episode of Elise Explains IP, Elise Steegstra breaks down what it really takes to protect your confidential information and IP assets — far beyond relying on a standard NDA. Many businesses assume an NDA alone will protect their secrets. In practice, courts expect more. Elise explores the legal, technical, and operational ste...

Trade Mark Basics: What Every Business Needs to Know | Elise Explains IP If you’re building a brand in Australia, understanding trade marks is essential. In this episode of Elise Explains IP, Elise Steegstra (lawyer & trade marks attorney) breaks down the fundamentals: what a trade mark is, why you need one, and how the registration process actually works. Whether you’re a founder, creator, sm...

Think you know intellectual property? In this episode, here’s what every Aussie creator, founder, and business owner actually needs to know about protecting their ideas.