Results for trade mark law

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Chanel loses to Huawei in EU trade mark dispute
Chanel loses to Huawei in EU trade mark disputeArticle

French luxury fashion house Chanel has lost its latest attempt to block the registration of a trade mark applied for by Chinese technological giant Huawei Technologies...

David Legge 3 May 2021

What you need to know about Brexit 2020 and your registered designs...
What you need to know about Brexit 2020 and your registered designs...Article

Having formally left the EU on 31 January 2020, the UK is now in the transition period, which allows it to remain part of the EU intellectual property system until 31 December 2020. That's only a few weeks away. So, how will the UK's departure from the EU affect registered design rights holders in the UK and EU...?

Shamin Raghunandan and Mpho Dzhivhuwo 3 Dec 2020

The uber-zoom: The case against trade mark genericide
The uber-zoom: The case against trade mark genericideArticle

Let's say "Zoom" becomes a synonym for conducting online video meetings, regardless of the app used - or worse, it becomes a verb. In this way, Zoom will lose its distinctiveness. It will become a generic trade mark, and its owners won't be able to stop others from using "Zoom" to refer to online conferencing services...

Jeanine Coetzer 2 Nov 2020

In-cider scoop: descriptive vs distinctive trade marks
In-cider scoop: descriptive vs distinctive trade marksArticle

In order for a trade mark to be registrable, it must be distinctive and capable of distinguishing one party's products from another's. What we often see, particularly in the alcohol industry, is, for example, certain ciders, named after the variety of apple used to make the cider itself. But is this name considered 'distinctive' or 'descriptive'...?

Karen Kitchen 29 Oct 2020

McFringement? McDonald's take Hungry Jack's to court over new Big Jack burger
McFringement? McDonald's take Hungry Jack's to court over new Big Jack burgerArticle

On 31 August 2020, companies in the McDonald's group filed a lawsuit against the Hungry Jack's franchise in the Australian federal court...

Jani Cronjé and Jared de Canha 2 Oct 2020

With a little help from my friends: cannabis, trademarks and the law
With a little help from my friends: cannabis, trademarks and the lawArticle

Following the recent Constitutional Court decision in Minister of Justice and Constitutional Development and Others v Prince and Others 2018, the Trade Marks Office has updated its policy on the registration of cannabis-related trademarks, effective 7 August 2019...

Clea Rawlins 7 Oct 2019

Is traditional jewellery protected by IP law?
Is traditional jewellery protected by IP law?Article

Traditional African jewellery designs have become a prominent feature on the international fashion stage with many fashion brands taking inspiration from traditional African jewellery and showcasing it on a global stage. But does it fall under IP protection...?

Pamela Maluleke 23 Sep 2019

Winter is here: What you should know before printing your own GOT goods
Winter is here: What you should know before printing your own GOT goodsArticle

Fans of the award-winning series, Game of Thrones, were eager to watch the premiere of the long-awaited eighth and final season that started on 14 April 2019 and, as is evidenced on social media, has them enthralled...

Mathoto Masetla 3 May 2019

Trademarks: Use it or lose it
Trademarks: Use it or lose itArticle

It is important that a trademark is used, as failing to do so could lead to the cancellation of the mark if it has not been used for five years...

Janine Hollesen 21 Feb 2019

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

Trade mark registration: Truworths no longer has "the look"
Trade mark registration: Truworths no longer has "the look"Article

Ackermans has recently been successful in a precedent setting trade mark dispute against Truworths which was heard by the Supreme Court of Appeal. The trade mark at the centre of the dispute was “THE LOOK”...

Janine Hollesen 16 Jan 2017

How to play the game of social media brand dodge ball
How to play the game of social media brand dodge ballArticle

It's a familiar scene, two players enter the arena. One armed with a red ball, the other seemingly defenceless. But unlike a normal game of dodge ball, more players quickly enter the ring...

Robin Richardson 18 Nov 2016

Straying from trade mark law principles a cause for concern
Straying from trade mark law principles a cause for concernArticle

The Supreme Court of Appeal (SCA) has been blessed for the past few decades by having in its ranks judges who have experience and expertise in the field of Intellectual Property (IP) Law...

Prof Owen Dean 2 Feb 2015

Popularity of SA wines heightens threat of fraud
Popularity of SA wines heightens threat of fraudArticle

A first at this year's Nedbank Cape Winemakers Guild Auction was the application of security foil strips to each bottle of wine on auction...

Donvay Wegierski 12 Nov 2014

Prof Owen Dean
Beating about the RooibosArticle

It is a fact of life that attempts have been made in certain other countries to usurp control of the term or mark Rooibos, despite the fact that it is a well-known South African description for a particular plant which gives rise to Rooibos tea.

Owen Dean 18 Feb 2013

Trade mark law is confusingArticle

Confusion lies at the heart of trade mark law. By that I mean that the enquiry in most trade mark cases is this: Is there likely to be consumer confusion, given the similarities between the two marks in dispute, and the similarities between the goods or services (for ease I'll simply refer to "goods" in this article)?

Lauren Frizelle 29 Nov 2012

Gaelyn Scott
Interbrand Best Global Brands 2012 survey results announcedArticle

The results of the Interbrand Best Global Brands 2012 survey were announced at an event in Johannesburg on Wednesday 3 October 2012.

Gaelyn Scott 6 Oct 2012

EU court backs Google in Louis Vuitton caseArticle

LUXEMBOURG: Europe's top court largely backed Google on Tuesday, 23 March 2010, in its battle against French luxury product maker Louis Vuitton and others which argued trademarks are being violated by the US Internet giant.

24 Mar 2010

A second bite at the orange proves unsuccessful for iBurst
A second bite at the orange proves unsuccessful for iBurstArticle

For the second time, the Advertising Standards Authority of South Africa (“ASA”) - first, through its Directorate in January 2009 and now through its Appeal Tribunal - has ruled in favour of Neotel against iBurst's complaint that Neotel's use of the colour orange took advantage of and was designed to exploit the advertising goodwill that iBurst claimed it had in and to the colour orange.

Issued by Moore Attorneys 3 Jun 2009

Company news: Control over sales and advertising of tobacco productsArticle

“Tightening up on the control over the advertisement and sale of cigarettes brings South Africa in line with the World Health Organisation's Framework Convention on Tobacco Control,” says Kelly Thompson, trade mark lawyer at Adams and Adams.

Issued by Junxion Communications 26 Mar 2008

Trade mark owners should be concerned at SAB rulingArticle

While the ruling of the Constitutional Court last week in SAB vs Laugh it Off does reflect, with respect, classical constitutional principles - in particular freedom of speech - from the vantage point of trade mark proprietors, the ruling is cause for concern.

Wim Alberts 29 May 2005

Trademarking well-known brands in South AfricaArticle

Well known brands have grown over the past 10 years to be the superpowers of the trade mark world - and their potency is increasing. Coca Cola, Nike, Woolworths, Nestle, Castle Lager, BMW, Electrolux, Microsoft - well known brands are the marks we recognise and trust, the household names we grow up with and the signs we aspire to.

Suzaan Laing 1 Dec 2004

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