Italian fashion company Dolce & Gabbana is accusing a South African jewellery and purse-making business called Dolce & Banana of Trade Mark Dilution. Dilution is a basis of trademark infringement that applies to famous marks. When another person uses the mark, it has the potential for confusion because consumers could assume affiliation with the trademark regardless of the product or service being sold under the infringing use. A 300-page affidavit has been submitted to the Western Cape High Court by Christiana Ruella, a board member of Dolce & Gabbana’s holding company. They demanded that Dolce and Banana change their name because they mock the Dolce & Gabbana trademark. Dolce & Banana shop owner Mijou Beller has since renamed the business “…& Banana” because of the lack of funds for a court battle. Dolce & Gabbana also requested R100 000 for legal fees because two warnings were ignored before court action was taken.
Intellectual Property in South Africa
Smit & Van Wyk deals exclusively with patents, designs, trademarks, copyright and plant breeders’ rights in South Africa. Our team of Intellectual Property attorneys have the knowledge, experience and resources to give expert legal advice regarding your Intellectual Property portfolio. We can assist with the protection, prosecution and enforcement thereof. It is our mission to provide unparalleled service to our treasured clients by developing dynamic solutions which are tailored to suit individual Intellectual Property needs. The key to achieving this lies with our vibrant people, who are eager to go beyond the call of duty.
It is highly recommended that your claims be written by a qualified patent attorney or patent agent. The patent attorneys at Smit & Van Wyk provide a wide range of patent-related services across multiple industries and fields of technologies, including patent drafting, filing and prosecution.
South Africa Intellectual Property
Smit & Van Wyk deals exclusively with patents, designs, trademarks, copyright and plant breeders’ rights in South Africa. Our team of Intellectual Property attorneys have the knowledge, experience and resources to give expert legal advice regarding your Intellectual Property portfolio.
Franchising legal advice is specialised and differs from other areas of law, thus you need find yourself an attorney that specialises in this specific type of law. Franchise attorneys represent the franchisor, as well as the franchisee.
PCT National Phase Patents
The PCT National Phase is the second of the two main phases of the PCT procedure. It follows the international phase and consists in the processing of the international application before each Office of (or acting for a Contracting State) that has been designated in the international application.