There was recently a case in the Eastern Cape High Court that demonstrates so simply what passing off is really all about. The case involved one product that all proud South Africans buy on a fairly regular basis, namely braai salt. The one party is Swartkops Sea Salt (Pty) Ltd, the wholesaler who has been [...]
The Trade Mark Registration and Protection Proclamation was published in Ethiopia in 2006 but the implementing regulations only became effective from 24 January 2013. This means that all owners of Trade Marks in Ethiopia will be required to file new applications no later than 24 June 2014. All new applications will not be registered automatically [...]
“According to News24, Kulula has “all but hijacked South African Airway’s (SAA) recognizable branding” for their fleet. The question that comes to mind is whether Kulula has perhaps in fact “hijacked” SAA’s recognizable branding. If you compare the branding of the new Kulula fleet with SAA’s current branding, at least the following unlawful acts come [...]
Once again South Africa finds itself in a dispute over the Rooibos Geographical Indication trademark. A French company is trying to register the trademark “Rooibos” in France, and will be able to do os if the South African government doesn’t register the Geographical Indication for Rooibos. Rooibos is a member of the legume family of [...]
Check out the Smit & Van Wyk Facebook page and take part in the Trade Mark Application give-away competition! All you need to do is LIKE our Facebook page, SHARE the competition, and tell us what makes your brand special, then you can win a Single Class Trade Mark Application! Competition closes end of January [...]
Why should your business plan for 2013 include intellectual property? Creations of the mind are the driving force of a successful business and therefore, safeguarding such intellectual property from unauthorized use by competitors is becoming increasingly critical for retaining a competitive advantage. The registration of intellectual property such as patents, trade marks and designs provides [...]
Michael Jackson‘s estate filed a copyright infringement lawsuit against Howard Mann in 2011 for establishing an unauthorized website that revealed unreleased Michael Jackson songs and photographs. The lawyers claimed that all the assets are owned by the Michael Jackson estate for the benefit of his children and mother. The Federal Court judge ruled that Howard Mann cannot [...]
Ralph Lauren Polo and South African Polo are two different brands owned by two different companies and they are not affiliated with each other. The Ralph Lauren Polo brand is an international brand by an American designer and the South African Polo brand is locally owned by L.A Group LTD. History The Ralph Lauren’s logo [...]
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