Elise Explains IPcast

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, 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 situations.

How the Kraft peanut butter business was sold to Bega

Why the yellow jar became the centre of the dispute

How both companies tried to claim ownership of the same trade dress

Goodwill is a real asset — and can be sold

Each business line can have its own goodwill

Unregistered trade marks (including packaging/get-up) are part of that goodwill

You can’t transfer an unregistered trade mark without transferring the underlying business

Why Bega won both at trial and on appeal

Why Kraft’s label “Loved since 1935” was ruled misleading

The change they were forced to make

Register your trade marks early — including trade dress

Identify all IP assets in business sale agreements

Avoid common mistakes when setting up IP holding companies

Make sure all packaging claims are accurate and compliant with ACL

ACCC guidance on misleading claims: https://www.accc.gov.au/consumers/advertising-and-promotions/false-or-misleading-claims 

IP Australia Trade Mark Search: https://search.ipaustralia.gov.au/trademarks/search/quick 

Previous episodes on trade mark basics and brand protection

LinkedIn: https://www.linkedin.com/in/elisesteegstra/ 

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 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 your IP protection strategy from multiple angles.

• Why NDAs often fail — and how to make them enforceable

• Layered security protocols (digital + physical)

• Building a culture of confidentiality

• Open-source software risks

This episode is ideal for:

Start-up founders and early-stage teams

CTOs, engineering managers, and developers

Investors conducting due diligence

In-house counsel and legal teams

Anyone handling sensitive IP, trade secrets, or proprietary information

NDAs are the starting point, not the whole strategy.

Courts expect you to take reasonable and demonstrable steps to protect your own information.

Security must be layered across digital and physical environments.

A culture of confidentiality is just as important as legal documents.

Open-source software requires governance, not guesswork.

If you need assistance reviewing your agreements, implementing an IP strategy, or auditing your confidentiality protocols, contact Elise:  www.elisesteegstra.com

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 can and can’t register as a trade mark

The difference between a business name, domain name & trade mark

Why trade marks matter for brand protection and business value

How registration works in Australia (step-by-step)

Common mistakes (and how to avoid them)

International protection: when to think beyond Australia

When to register your trade mark

How to enforce your rights once registered

Want to check if your business has hidden IP risks?

Explore articles, guides, and templates for founders & creatives:

If you enjoyed this video, don’t forget to like, subscribe, and comment with your questions.

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.