Fight as a soldier, not a guerrilla – Unlawful competition
What exactly is unlawful competition? Unlawful competition is often lumped together with IP, and indeed there are obvious links: the common law action of passing...
Tag: passing-off
A judgment without sugar-coating – IP infringements
A straight-talking South African court judgment highlights how it can sometimes be useful to add a claim of copyright infringement to a claim of trade...
Frodo: Not Baggin this one
We don’t often discuss Korean trade mark cases, but a recent registry decision is worth a look because it shines a spotlight on a particularly...
What’s in a name? – Erroneous registration of company names
The Companies Tribunal (“the Tribunal”) is an agency of the Department of Trade and Industry established in terms of the Companies Act No. 71 of 2008 (“the Companies Act”) to resolve disputes between companies, including disputes relating to the erroneous use and/or…
Provided By Eversheds Sutherland
When is a descriptive mark not a descriptive mark?
This was the issue before the Supreme Court of Appeal in the matter between Dinnermates (Tvl) CC and Piquante Brands International & another 401/17) [2018] ZASCA 43 (28 March 2018).
The matter was an appeal against the decision of the Full Court upholding an …
Provided By KISCH IP
Politically (In)correct? – Logo and colour trade marks
In recent times the international political arena has been fraught with alleged intellectual property violations – Eminem successfully sued the New Zealand National Party for...
The ballad Of John (Lemon) and Yoko
If life were to hand you lemons, just for a minute, imagine what you would do. Some may reach for the tequila, whilst many would...
ASA’s jurisdiction regarding non-members finally settled
The issue of the jurisdiction of the South African Advertising Standards Authority (“ASA”) to determine matters involving individuals and companies that don’t belong to the...
Kim Kardashian West’s trade mark woes & the love-hate relationship between celebrities & IP
The worlds of celebrity and IP intersect with surprising frequency. On the one hand, celebrities such as sportsmen and entertainers can use IP to make...
Getting into the (IP) Zone – Herbal Zone v Infitech
The recent case of Herbal Zone v Infitech Technologies [1] is a cautionary tale for product manufacturers or importers who are careless about their intellectual...
Are your trade marks filed properly? Key issues in trade mark protection
In this article we deal with the another trade mark case between YUPPIECHEF and YUPPIE GADGETS in which the Supreme Court of Appeal (“SCA”) again...
Yuppies – Do they confuse you?
Late last year, the South African Supreme Court of Appeal (“SCA”) handed down an important trade mark judgment in Yuppiechef Holdings (Pty) Ltd v Yuppie...
Passing-off in Namibia
In a rare IP law decision in Namibia, the High Court has made it clear that it takes IP seriously, that English and South African...
King IV and IP
Judge Mervyn King’s name is synonymous with corporate governance in South Africa. 1 November 2016 saw the delivery of the fourth version of the famous...
Addled by the interwebs
Can you use a competitor’s brand name as your Google Adword? There is an answer to this oft-asked question and, as one would expect from...
More developments at the Advertising Standards Authority
A court has ruled that the South African Advertising Standards Authority (“ASA”) does not have the authority to consider and rule on adverts placed by...
A Clearvu On AdWords: An Update
“The degree of consumer care is becoming more heightened as the novelty of the Internet evaporates and online commerce becomes commonplace.”
This quote, which comes from...
Bidding On Trade Marks As A Google AdWord
On 27 May 2016 the Supreme Court of Appeal handed down a landmark judgment dealing with the lawfulness of bidding on a competitor’s trade mark...
Advertising law: What authority does the ASA have?
In South Africa, the Advertising Standards Authority (“ASA”) is a voluntary body and its members agree to be bound by its rulings. Yet companies that...
The Swiss Army knife and multi-purpose IP
A recent court decision involving the Swiss Army knife gives an interesting insight into some of the intellectual property (IP) rights that a product can...
