Elise Explains IPcast

Your CD Collection Knows Things Spotify Has Forgotten What happens when the version of a song you remember isn’t the version on Spotify? In this episode of Elise Explains IP, Elise digs into the surprisingly important difference between owning a physical copy of music, film or television and having access to the same content through a streaming service. Starting with an old Triple J Hottest 100 CD...

Know when to enforce Can Louis Vuitton Stop a Bubble Tea Brand Using a Flower? What does a cup of bubble tea have in common with a Louis Vuitton handbag? A four petal flower sparked a trade mark dispute that offers useful lessons for anyone building a brand. In this episode of Elise Explains IP, Elise Steegstra examines Louis Vuitton’s case against Chinese tea chain Molly Tea and explains why “we’...

Why Naming Your Brand After Yourself Is a Stupid Idea - Ep 42 Naming your business after yourself feels natural, especially when you're a sole trader starting out. But from an IP and business perspective, it can quietly create problems down the track — and this episode unpacks exactly why. In this episode, Elise covers: Why personal names can be harder to register as trade marks (common surnames i...

Is “Inspired By” Packaging Copyright Infringement? Aldi v Hampden Explained - Ep 41 Back in Episode 7, we covered the trial decision in Aldi v Hampden — the case about Aldi's MAMIA baby snack packaging and its similarities to Hampden's BABY BELLIES, LITTLE BELLIES and MIGHTY BELLIES range. This episode covers what happened next: the Full Federal Court appeal, and why it matters for anyone who's ev...

Registered Designs (and Trade Dress) — The IP Right Most Product Businesses Are Missing - Ep 40 If you've launched a product before protecting its design, you may have already lost your chance to register it — not made it harder, lost it, permanently. That timing trap is one of the biggest reasons product businesses miss out on one of the most useful, and most underused, IP rights available to the...

Can India Own “Basmati” in Australia? Why Pisco Won but Basmati Lost Can one country secure trade mark rights over the name of a product that is also legitimately produced somewhere else? India’s agricultural export authority, APEDA, sought to register BASMATI as a certification trade mark in Australia. The proposed mark was intended to identify Basmati rice grown in India and certified under APED...

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 Trad...

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 fir...

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 enforcem...

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...

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 ha...

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 ow...

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...