News & Insights
What does this meme? How copyright protected the “success kid” meme
We’ve all seen it, possibly even used it – the photo of a little boy in the green and white shirt, on the beach, with a fist full of sand and determined look on his face – which has been doing the rounds since 2007, after Laney Griner took a photo of her 11-month-old son, […]
July 08 2025
US Court Denies Fire Loss Claim Due to Noncompliance with "Duties After Loss" Provision
A recent judgement by the United States District Court for the District of Connecticut offers important guidance for both policyholders and insurers on the significance of adhering to post-loss obligations under an insurance policy. Factual Background In this matter, the insured acquired a residential property and arranged property insurance. Shortly after the policy commenced, the […]
July 03 2025
From Template to Trade Mark: Is Your Logo Legally Yours?
In today’s digital-first world, graphic design platforms like Canva and Adobe Express have become indispensable tools for entrepreneurs, startups, and creatives. These platforms offer accessible, affordable ways to create professional-looking logos. But a critical legal question arises: Is it possible to obtain trade mark protection for a logo you created with these platforms? The answer is: […]
July 02 2025
STANDARD BANK OF SOUTH AFRICA LIMITED V KPMM ROAD AND EARTHWORKS (PTY) LTD: HIGH COURT REAFIRMS THE STRENGTH OF GUARANTEES POST-BUSINESS RESCUE
Introduction In a recent high value judgment granted in favour of the Standard Bank of South Africa Limited (“SBSA”), the Johannesburg High Court provided important clarity on the post-rescue enforceability of guarantees and suretyships, and demonstrated the importance of a well-drafted security package. The dispute at a glance Action proceedings were instituted by SBSA against […]
June 26 2025
Georgia Federal Court Upholds Insurer’s Reliance on Pollution Exclusion for Chemical Leak Fatality
A Georgia-based contractor specialising in cooling system installations was sued after a maintenance worker died from exposure to leaking refrigerant gas at a facility where the contractor had installed the cooling system. The worker’s family pursued a wrongful death claim against the contractor, who in turn sought indemnity from its liability insurers. The insurers refused […]
June 26 2025
Gaga over Labubu
Labubu, first a mystical book creature and creation of Kasing Lung, recently took the world by storm as a collectible plush toy, developed and marketed by Pop Mart. The appeal has been driven by limited-editions, themed-collections and blind box buys. Social media influencers have added to the hype and status of the toy by unveiling […]
June 25 2025
The Price of Misrepresentation: Warranties and the Cost of Error
Brief Facts of the Case The matter arose from a contractual dispute between a motor vehicle dealership (the Plaintiff) and a retired police officer (the Defendant). The Defendant entered into a written agreement to purchase a pre-owned vehicle from the Plaintiff, trading in his own vehicle as part of the transaction. The Defendant represented, both […]
June 25 2025
Supreme Court Rules Authentic Designer Goods Can't Be Called Counterfeit: will the real Enrico Coveri please stand up?
South Africa’s highest court has delivered a landmark ruling that authentic designer goods cannot be seized as counterfeits, even when imported without permission from local trade mark holders. The Supreme Court of Appeal dismissed an appeal by Yossi Barel, who holds the South African trade mark rights to the ENRICO COVERI brand, after he attempted […]
June 24 2025
THE WHO’S WHO IN DIVORCES
The legal jargon used by legal practitioners is often confusing, used out of context or simply not understood. With the increasing number of marriages that end in divorce, some of these terms and phrases are often repeated at a weekend “braai” or other social event when people discuss their own divorce or that of a […]
June 24 2025
US Court Holds Email Notice of Intent to File Third-Party Joinder Constitutes a "Claim" When Sent, Not When Read, Under Claims-Made Policy
The United States District Court for the Eastern District of Pennsylvania has recently held that a letter notifying the insured of the sender’s intent to institute a third-party joinder against it constituted a Claim under the insured’s claims-made professional liability insurance policy. Factual Background and Policy Context The insured healthcare staffing agency provided staff to […]
June 18 2025
A SANGUINARY PROBLEM
Similarly to the British Patents Act and the European Patent Convention, the South African Patents Act excludes from patentability a method of treatment by therapy of the animal or human body. A question that can arise is whether any method implemented outside of a patient’s body could ever be construed as relating to a method […]
June 18 2025
Large investments in the Creative Economy
At a press briefing in Abuja, the Ministry of Arts, Culture, and the Creative Economy announced the launch of a two hundred million US dollar Creative Economy Development Fund, as well as three hundred million US dollar in investment commitments. The Fund, which is to be managed by AfreximBank, is intended to provide financing for […]
June 18 2025
THE DUPE DILEMMA
The global industry is awash in “dupes”, cheaper alternatives that mimic the look and feel of popular high-end products. Dupes thrive in an economy where consumers crave the taste of luxury at budget prices. Social media has supercharged the rise of dupes, where a single viral video can undercut sales of a cult-favourite product overnight. […]
June 16 2025
Shop manager fined for selling fake Mobile Phones
The manager of a cellphone accessory shop in Gqeberha was fined R 87 000 (around 4900 USD) for selling counterfeit mobile phone products. The manager pleaded guilty to charges under the Counterfeit Goods Act and the Trademarks Act, after a search at the store uncovered over a hundred counterfeit items. The items included adapters, car […]
June 16 2025
OAPI-AGF partnership to finance a thousand innovative African projects by 2030
The African Organization for Intellectual Property (OAPI) and the African Guarantee Fund (AGF) have launched an ambitious initiative to finance a thousand innovative projects across several African countries by 2030. The partnership includes a large capital investment by OAPI in the AGF, as well as a guarantee window covering up to 75% of loan risks […]
June 16 2025
Nigerian Copyright Commission and Nigerian film industry join forces to fight digital piracy
At an event in Abuja, the Nigerian Copyright Commission (NCC) and representatives from the Nigerian movie industry formed a united front on the issue of digital piracy. The event, which marked the launch of a World Intellectual Property Organization (WIPO)-supported project to develop strategies and tools to tackle online copyright piracy in the African digital […]
June 16 2025
Nigerian Copyright Commission confiscates $250 000 of pirated works in seven months
The Nigerian Copyright Commission (NCC) has confiscated pirated works worth more than 250 000 USD over a seven-month period, from October 2024 to May 2025. This was disclosed by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi SAN, at a stakeholder event in Abuja. The NCC reportedly conducted 120 monitoring, documentation, […]
June 16 2025
Mauritius joins ARIPO
On 27 May 2025, the Republic of Mauritius deposited its Instrument of Accession to the Harare Protocol on Patents, Utility Models, and Industrial Designs, becoming the 21st ARIPO Member State. The accession will take effect on 27 August 2025, after which ARIPO patent and design applications can be extended to ARIPO. Joining ARIPO is a […]
June 16 2025