How geographical indications can provide economic and financial advantages to a product's place of origin...
Samuel Samiai Andrews 24 Feb 2021
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 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
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
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.
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
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
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
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
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
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...
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
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'...
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...
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
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
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
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
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?
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
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
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
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.
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.