The experience economy: Stranger Things have happened
An article that appeared in the Harvard Business Review recently, When fandom clashes with IP law (Madhavi Sunder), highlights some very interesting intellectual property (IP)...
Tag: passing-off
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...
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...
