Elise Explains IPcast

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...

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....

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 int...

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 globa...

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...

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 creative...

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...

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 own...

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 protecte...

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....

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) issu...

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...

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, yo...

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...