Results for trademark 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

Why it pays to link products to places - and how African countries can do it
Why it pays to link products to places - and how African countries can do itArticle

How geographical indications can provide economic and financial advantages to a product's place of origin...

Samuel Samiai Andrews 24 Feb 2021

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

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

Democratising energy is necessary for Africans to move into the digital age
Democratising energy is necessary for Africans to move into the digital ageArticle

Without technological constraints, more people from across Africa are free to innovate and create on the global stage; democratisation of energy is necessary to enable Africans to move into the digital age.

5 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

What Nestlé's attempt to trademark the shape of a KitKat teaches us about design
What Nestlé's attempt to trademark the shape of a KitKat teaches us about designArticle

For many people there is something irresistible about chocolate. But in the hungry rush to make it part of our bodies there is a missed opportunity to meditate on different gestural experiences...

Tom Lee and Stefan Lie 2 Nov 2018

Trademark law and its limits in the fashion industry
Trademark law and its limits in the fashion industryArticle

While fashion trends come and go, some become classics, such as the Chanel suit, the Burberry trench coat, the Ralph Lauren polo shirt, Louis Vuitton bags, and Levi 501 jeans...

Clea Rawlins 16 Oct 2018

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

Legally protecting your brand name in the social media age
Legally protecting your brand name in the social media ageArticle

The advent of social media has provided brands with an undisputed marketing opportunity - a direct customer engagement and promotional platform, where brands can build their identity and loyalty to their heart's content. But all good things come with a price...

Shan Radcliffe 2 Mar 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

Apple sued over obscure film by China's media regulator: court
Apple sued over obscure film by China's media regulator: courtArticle

BEIJING, CHINA: Apple is being sued by China's media regulator over rights to an obscure patriotic film, a Beijing court said on Thursday, in the latest legal battle for the US tech giant in one of its crucial overseas markets...

1 Jul 2016

Hicks Crawford
Five ways guest posts can build your brand and increase your trafficArticle

If you've been blogging or running an online business, you surely understand the value of online marketing. Guest posting is one of the best online marketing strategies that you can implement to get full benefits to build your brand...

Hicks Crawford 24 Mar 2016

Courts will have to decide how to classify hashtag marks
Courts will have to decide how to classify hashtag marksArticle

Can the use of a trademark as a hashtag constitute trademark use? This was one of the questions that arose in the recent case of Eksouzian v Albanese in which the California Central District Court held that hashtags are 'merely descriptive devices, not trademarks'...

11 Jan 2016

Mixed decision for Samsung appeal in Apple patent case
Mixed decision for Samsung appeal in Apple patent caseArticle

WASHINGTON, US: A US appeals court on Monday upheld most elements of the blockbuster patent case, in which Samsung was found to have violated Apple iPhone patents, but invalidated some of the damages...

19 May 2015

Legal requirements for your e-commerce business
Legal requirements for your e-commerce businessArticle

Simply put, electronic commerce or e-commerce is the selling and buying of goods or services, or the transmitting of funds or data, over the internet. The most common type of e-commerce is online shopping, which has become a booming international industry with more than one billion online shoppers worldwide...

Wilmari Strachan 9 Apr 2015

The Google doodle and other fluid trademarks
The Google doodle and other fluid trademarksArticle

There was an interesting article in a publication called TBO (Trademarks and Brands Online) entitled Fluid Trademarks: Keeping Them Watertight. So what are fluid trademarks?

Ilse du Plessis 14 Jul 2014

China's new trademark laws a boon for SA companies
China's new trademark laws a boon for SA companiesArticle

Presently the Chinese trademark system has a reputation for being slow, expensive and complex. It is therefore anticipated that the third amendment to the trademark law of the People's Republic of China, which introduces significant changes, effective 1 May 2014, will be welcomed.

Donvay Wegierski 26 Feb 2014

Christophe van Zyl
Trademarks - a gateway to African tradeArticle

According to a recent report, the population in sub-Saharan Africa, which currently stands at approximately 1.1 billion, could double by the year 2050. Due to its growing population, the sub-Saharan region poses huge opportunities for new investments and for the sale of goods to a growing consumer base.

Christophe van Zyl 30 Sep 2013

Gaelyn Scott
About that alcohol advertising ban...Article

Will it work? What impact will it have on sports sponsorships? In this article, however, the question is asked: Will such a ban be constitutional?

Gaelyn Scott 6 Sep 2013

Rachel Sikwane
Trademarks vs Adwords - the final decision (or is it?)Article

The issue of Adwords has become increasingly important in trademark law. When you buy a word from Google as an Adword, this has the effect that whenever anyone enters that word as a search term, your pop-up advert will appear on the screen together with the so-called 'natural results'.

Rachel Sikwane 22 Jul 2013

Donvay Wegierski
Trademark owners should remain vigilant as gTLD space expandsArticle

The Google AdWords program, in which the highest bidders are offered third party-owned trademarks for keyword advertising, remains debated by trademark owners. This programme is on a pay-per-click basis, also known as the sponsored link campaign, whereby an advertiser pays only when the link is clicked on.

Donvay Wegierski 18 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

Naseem Javed
Worldwide dotcom re-evaluationsArticle

The digital world is passing through the eye of the needle and domain name expansion is forcing all kinds on adjustments and re-alignments to cope with name identity survival.

Naseem Javed 14 May 2013

Naseem Javed
The world of 542 superpower wordsArticle

There are 542 words that will start to impact the business world very soon. These are the 542 dictionary words applied for as generic top-level domain from the Internet Authority as gTLDs at an average cost of a million dollars each.

Naseem Javed 3 Apr 2013

Naseem Javed
Mega shifts in global advertising, branding skillsArticle

The world is passing through the eye of the needle and an all out digital transition is responsible for ushering us into a new era where new age media will demand new skills. So what will it take to prepare for such mega branding movements and what are the key facts? A new boom awaits...

Naseem Javed 14 Jan 2013

Ilse du Plessis
The 'No logo' trendArticle

No Logo is, of course, the name of Naomi Klein's best-selling book, a book in which she has a bit of a go at global brands. By all accounts, it's also the name of a new trend in branding.

Ilse du Plessis 9 Nov 2012

Naseem Javed
The global race for internet ownership is onArticle

The internet is no longer just a screen, mouse and keyboard, it's a living organism attached to the hearts and minds of billions while breathing via their wallets. It has become a true example of a "human interface with electro-ergonomics", where human functions are intertwined with circuitry to access information, suck cash and process consumption.

Naseem Javed 2 Aug 2012

Naseem Javed
The aftermarket boomArticle

What does 13 June 2012 tell us? Domain name expansion is a big game changer and marketers of the world will have to come to terms with their love or hate relationship with ICANN and equally make room for domain registries, registrars and ICANN, as they too will call the shots on global name branding and influencing Intellectual Property assets.

Naseem Javed 21 Jun 2012

Naseem Javed
The tower of names: ICANN gTLDS aim for the summitArticle

What's all this curious noise in global media about the booming ICANN gTLD dot names? Why have 1120 separate bodies from various parts of the world applied for 2000 such names at an average cost of a million dollars for each name?

Naseem Javed 14 Jun 2012

Naseem Javed
Global visibility of South African brand namesArticle

South African organisations must face the new emerging globalisation of domain names as ICANN gTLDs become a reality and equally balance with non-English language domains available for the local and regional markets. The issues of domain name management are now very complex, expensive and, at times, may dictate the future of the name brand.

Naseem Javed 14 Mar 2012

Naseem Javed
Market domination via name identityArticle

Global corporate nomenclature is making history, right now, as the ICANN gTLD platform opens in full swing; the established and largest name brands of the world are now pitted against the newest, recently incubated, globally poised but relatively unknown name brands.

Naseem Javed 15 Feb 2012

Google wins landmark Adwords caseArticle

LUXEMBOURG: In a decision that with potentially wide-reaching implications for online advertising, Judges have confirmed that the use of other company names as advertising keywords is not an infringement of European trademark law. The ruling is of particular benefit to Google's revenue-generating Adwords service.

Mark St Andrew, creamglobal.com 14 Jul 2010

"Anti-counterfeit deal threatens accessibility of drugs"Article

LONDON: A proposed anti-counterfeit trade deal between 10 countries and the European Union (EU) could create "a new set of barriers to the export of generic medicines to low income countries".

Adam Robert Green 30 Jun 2010

Pritt comes unglued in ad case
Pritt comes unglued in ad caseArticle

The Advertising Standards Authority (ASA) has said Henkel AG, manufacturer of Pritt, has no exclusive rights in South Africa to the red of its glue stick and the advertising associated with the product.

10 Mar 2010

Why Washington must face new-cyber-name-economy
Why Washington must face new-cyber-name-economyArticle

The serious objections by US Department of Commerce to the Internet Corporation for Assigned Names and Numbers' new policies on creating unlimited domain suffixes are primarily based on old domain name thinking and continued fear of losing control of Internet.

Naseem Javed 8 Jan 2009

New universal name identities
New universal name identitiesArticle

Without a doubt, major brand name identities will be arriving at the precipice where they will be lined up for a freefall from grace, some will fall and some will have a parachute. This scene will be repeated all over the world, as new ultra-modern-cyber-age-branding-platform being structured as ICANN introduces new policies that will dramatically change the old-fashioned thinking of global branding.

Naseem Javed 19 Dec 2008

New political party not immune to trademark lawsArticle

As preparations for South Africa's new political party gather momentum ahead of Sunday's planned National Convention in Bloemfontein, so, too, does speculation regarding the possible name of the party. A political party is, however, not immune to the trademark laws of South Africa and would need to choose its name, logo and colour combinations in accordance with the provisions of the Trademarks Act.

Eben van Wyk 31 Oct 2008

Post-eBay: Trademark injunctions no longer a sure thingArticle

The courts have been grappling recently with the question of whether patent and trademark law both require the same test before a judge grants a permanent injunction. Under the eBay ruling, judges in patent infringement cases must apply a four-factor test. Are the rules the same for trademark cases?

Randy Lipsitz, Richard Moss and Aaron Frankel 3 Oct 2008

Judge: Knockoff-tracking not eBay's jobArticle

In the case of Tiffany vs. eBay, a US district judge has presented the e-commerce giant with the best gift it could get in this litigious, digital age: a victory in a four-year-old trademark protection lawsuit.

Renay San Miguel 16 Jul 2008

The cyberspace domain blast
The cyberspace domain blastArticle

Now you can buy any domain with any suffix. If a dotcom is gone, so what? For a cost, you can create your own suffix, any letters and any name. Domain names are made of three parts. The www, the "name" and the suffix like .com. With ICANN's latest decision yesterday, you now have full creative control over the last two parts. This is a revolutionary new concept creating a global scale boom in new names, massive confusion in duplication, global copycatting - all compounded with cyber-squatting, where piles of popular names will be turned into pyramids of shared stupidity.

Naseem Javed 27 Jun 2008

Naseem Javed
The big, bad brand of BollywoodArticle

There is really nothing wrong with the brand "Bollywood", except that the Indian film industry has become far more powerful and far-reaching than anything else like this in any other country of the world, and even larger than Hollywood.

Naseem Javed 9 May 2008

Protecting the image rights of our sport starsArticle

Local South African celebrities and sports stars are, like their overseas counterparts, now beginning to enjoy the commercial rewards gained from the commercial opportunities such as image licensing agreements, sponsorships and celebrity endorsements. This article looks at the laws in place to manage the commercial rights of our celebrities and sports stars, as well as the protection it offers those celebrities who may fall prey to the unlawful and unauthorised use and exploitation of their commercial rights, particularly their image rights.

Sean Bosse 16 Jan 2008

Naseem Javed
A gala tribute to global copycatsArticle

Over the decades, the art of copying and stealing other people’s content and ideas has settled comfortably in the mainstream across the globe. What formerly would constitute an act of piracy is now a commonplace, everyday occurrence. Isn’t it time to give these ‘borrowers’ a tribute, host a gala dinner and hand out awards?

Naseem Javed 27 Mar 2007

Laughing all the way to courtArticle

After two years of trying litigation, Friday, 27 May 2005 saw Laugh it Off Promotions win its epic battle against goliath, SABMiller, as the Constitutional Court ruled in favour of Laugh it Off over the now notorious T-shirt slogan: "Black Labour; White Guilt". The judgement found that it did not constitute trademark infringement.

26 May 2005

Battle of Bloemfontein: Black Labour appealArticle

Laugh It Off Promotions appeared in the Supreme Court of Appeal yesterday to challenge a Cape High Court judgment that their controversial "Black Labour; White Guilt" t-shirt bordered on hate speech and exploited SAB's "Carling Black Labour" trademark. Laugh it Off used their constitutional right to free speech as a legal defense in response to an application of trademark infringement brought by SAB.

30 Aug 2004

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