Results for passing-off


Passing-off an upset: Unpacking the Koni vs BAG ruling
Passing-off an upset: Unpacking the Koni vs BAG rulingArticle

Once in a while, an intellectual property judgment is handed down that upsets the proverbial apple cart. The SCA judgment in the Koni Multinational Brands (Pty) Ltd vs Beiersdorf AG case, is arguably such a judgment...

Rachel Sikwane 21 Apr 2021

Photo by Jake Bradley on .
Will a beer with another name taste as good?Article

It is well-established that a brand consists of much more than just a name, but we must still acknowledge that the name of a business goes directly to the heart of its identity...

Reinard Krüger & Bianca Balt 18 May 2020

Sun hotels square off in Namibia
Sun hotels square off in NamibiaArticle

The Namibian High Court recently issued a decision dealing with passing-off and copyright infringement in the matter of Southern Sun Africa and Southern Sun Hotel Interests vs Sun Square Hotel...

Kareema Shaik 1 Jun 2018

If you like it, then you should've put a ® on it
If you like it, then you should've put a ® on itArticle

The value of intellectual property has never been more important than the present, with local and international fashion houses and manufacturers in the clothing, footwear...

Tiffany Conley 10 Jul 2014

Protection of your personal name, a priority
Protection of your personal name, a priorityArticle

In the words of the famous fashion designer, Coco Chanel, "In order to be irreplaceable, one must always be different". But exactly, how different does one need to be? Our personal names (meaning, our full names i.e. John Smith) define us from the day that we are born so, logically, we believe that our names are our brands, and that we are naturally entitled to benefit from them commercially and otherwise.

Tiffany Conley 5 Feb 2014

Bata Toughees' sole reason for suing rival
Bata Toughees' sole reason for suing rivalArticle

It's been reported that Bata Toughees manufacturer, Futura Footwear, is suing a rival called Novita in South Africa for selling shoes which bear a similar wavy sole pattern.

Waldo Steyn 11 Sep 2013

Christophe van Zyl
Trade mark rights and company namesArticle

For many entrepreneurs, the starting point in setting up a new business is to choose a name for the new business and to register a company with that name. The first step of the registration process of a company is to select, in order of preference, a list of names for consideration and approval by the Commissioner of Companies who oversees the registration of companies in South Africa.

Christophe van Zyl 9 Sep 2013

Gaelyn Scott
Rihanna and passing-offArticle

It's been well reported that Rihanna succeeded in her court case against the retail chain Topshop.

Gaelyn Scott 5 Sep 2013

Rihanna, her image ... and lessons for SAArticle

It was recently well reported that the singer Rihanna has sued the UK retail chain Topshop for US$5m in damages for the unauthorised use of her image on a t-shirt. There are lessons for SA retailers, marketers and advertisers.

Gaelyn Scott 15 Jul 2013

Rachel Sikwane
Own-label products causing a stirArticle

There was a bit of a stir in the British press recently, with certain companies complaining that the major UK supermarket chains are now using get-ups for their own-label products that are so similar to the get-ups used by the major brand owners that consumer confusion is inevitable.

Rachel Sikwane 29 May 2013

Using, protecting personal name brands
Using, protecting personal name brandsArticle

While personal names as often used as brands, Dale Healy, partner at law firm Adams & Adams, warns that there can be drawbacks and cites Jenni Button as an a example.

11 Sep 2012

View Rugby World Cup 2011 promotions carefully
View Rugby World Cup 2011 promotions carefullyArticle

Before launching your company's promotional campaign offering tickets to the Rugby World Cup 2011, Phillip Haupt, senior associate, trademark department at Adams & Adams, recommends you review it carefully to ensure that you would not be charged with trademark infringement, passing-off and ambush marketing.

6 Sep 2011

Issa Sikiti da Silva
Brand under attack: preventions, repercussions, defence strategiesArticle

As more and more brands are being copied and pirated by brand pirates, experts warn businesses to be on the look-out for minor loopholes that may give pirates a space to attack their brands. This topic formed part of the discussion hosted today, Thursday, 26 May 2011, at the Michelangelo Hotel by the Journal of Marketing in association with Absa and Future Group.

Issa Sikiti da Silva 26 May 2011

Issa Sikiti da Silva
Beware of intellectual property violationArticle

Existing and prospective businesses hoping to make money out of the 2010 FIFA World Cup could get into trouble with the law if they fail to abide by the intellectual property laws, Dr Owen Dean, one of the lawyers appointed by FIFA to protect the world cup trademark and the rights of the organisation, told the audience at the SAMRO 2010 presentation held late last week at the Park Hyatt in Rosebank, Johannesburg.

Issa Sikiti da Silva 24 Jul 2007

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