Shows
Elise Explains IPcastHow Burger King Lost Its Name in Australia — Trade Mark Lessons for Growing Businesses - Ep 12How 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 lesson in trade mark strategy.
If you’re planning to grow your brand beyond your current market, this is essential listening.
What You’ll Learn
Why trade mark...
2026-02-2508 minElise Explains IPcastInternational Trademark Strategy Essentials - Ep 11International 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 Topics Covered
Why trade marks are territorial
Registering with IP Australia protects you in Australia only — not overseas. Every country has its own system and its own register.
...
2026-02-1808 minElise Explains IPcastChoosing a Strong Trademark: A Practical Guide - Ep 10Choosing 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 considerations that can save time, money, and stress down the track.
What We Cover
1. Not All Trade Marks Are Equal
Trade marks sit on a spectrum — from h...
2026-02-1206 minElise Explains IPcastCantarella Bros Round 2 - Ep 9In 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 Explored
1. Background of the Dispute
Cantarella Bros owns two registered trade marks for the Italian word ORO for coffee products. It sued Lavazza Australia, alleging that Lavazza’s use of ORO on packaging and adv...
2026-01-2807 minElise Explains IPcastGetty Images v Stability AI - Ep 8Show 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/2025/11/Getty-Images-v-Stability-AI.pdf
Case Background
In January 2023, Getty Images sued Stability AI in the UK High Court over alleged copyright and trade mark infringement by Stability’s image-generation model, Stable Diffusion. Getty claimed the AI w...
2026-01-2108 minElise Explains IPcastAldi, Dupes and IP Law: When “Inspired By” Goes Too Far - Ep 7Aldi, 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 UK are responding. Using two recent and high-profile decisions — Hampden Holdings I.P. Pty Ltd v Aldi Foods Pty Ltd in Australia and the Thatchers v Aldi case in the UK — Elise explores...
2026-01-1408 minElise Explains IPcastForeign Words as Trade Marks in Australia - Ep 6In 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 Points
Trade mark distinctiveness in Australia: All marks — including foreign words — must be capable of distinguishing your goods or services from others.
Ordinary Australian consumer test: A foreign word may be treated as descriptive if Australian consum...
2026-01-0708 minElise Explains IPcastDistinctive matters - What makes a trade mark ”distinctive”? - Ep 5Episode 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 distinctiveness, from weak (descriptive) to strong (invented) marks
Why descriptive marks are problematic and how they differ from suggestive, arbitrary, or invented marks
The limits of logo protec...
2025-12-3108 minElise Explains IPcastWho Owns the Yellow Jar? The Kraft v Bega Peanut Butter Battle - Ep 4In 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, and product claims.
Whether you’re building a brand, buying or selling a business, or thinking about internal IP structuring, this episode is packed with practical insights to help you avoid sticky legal...
2025-12-2408 minElise Explains IPcastBeyond NDAs: Proactive Protection Strategies - Ep 3Beyond 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 steps that actually make your confidentiality obligations enforceable and your commercial advantage defensible.
Whether you're a founder, CTO, product lead, investor, or in-house counsel, this episode provides essential guidance on how to strengthen yo...
2025-12-1707 minElise Explains IPcastTrademark Basics for Brands: A Founder’s Crash Course - Ep 2Trade 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, small business owner, or marketer, this is your practical crash course in protecting your brand and avoiding costly mistakes.
⭐ What You’ll Learn in This Episode:
What you can and can’t register...
2025-12-1008 minElise Explains IPcastIP Essential Explained - Ep 1Think 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.
2025-12-0308 min