“you just can't differentiate between a robot and the very best of humans.” ― Isaac Asimov, I, Robot If a user were to provide an artificial intelligence (AI) program, such as ChatGPT, with a storyline and it produced a best-selling novel, would that novel be...
Trade Marks
Moral of the Story
Authors of copyright protectable works retain certain rights despite not being the owners of such copyright By Daniëlle van Deventer The issue of relinquishing copyright ownership in an original piece of writing, an artwork or a musical composition is a complex and...
Flying under the radar: What are stealth trade mark applications?
Trade mark protection is crucial for any brand owner, but it can sometimes create practical difficulties from a business perspective. When new trade mark applications are published by registries, information about a company or a brand owner’s new product or service is...
Preventing genericide: Saving your trade mark from falling prey to the public domain
Videotape, Escalator, Trampoline, Laundromat[1]. What do all of these words have in common? They were all once legally protectable trade marks which, due to the way in which they were used, have lost their distinctiveness and since become ‘generic’. But what does...
Adams & Adams Anticounterfeiting team roll out seizures of counterfeit roller bearings in 3 Provinces
After extensive investigations into a company importing and selling counterfeit branded roller bearings, the Adams & Adams Anti-Counterfeiting Team assisted the HAWKS (SAPS) with simultaneous search and seizure operations in 3 Provinces. More than 1 300...
Regulator sanctions influencers over Lotto adverts – Comedians do not get the last laugh after failing to disclose that Twitter posts were paid advertising
The Advertising and Regulatory Board (ARB) recently handed down a decision holding that the videos posted by comedians Skhumba Hlophe and Celeste Ntuli had breached the code on South African advertising. Hlophe and Ntuli uploaded videos on their Twitter accounts,...
A second bite at the (appeal) cherry, In Thermos Hong Kong Limited v Doshi Ironmongers Limited
In Thermos Hong Kong Limited v Doshi Ironmongers Limited (Civil Appeal (Application) E013 of 2021) [2022] KECA 544 (KLR), the Kenyan Court of Appeal had to determine whether a party had a second right to appeal an appellate decision from the High Court in relation to...
Ambush marketing and the 2022 Rugby World Cup Sevens
Ambush marketing and the 2022 Rugby World Cup Sevens With the upcoming Rugby World Cup Sevens being hosted at the Cape Town Stadium (purpose built for the 2010 FIFA World Cup), one cannot help but think back to the FIFA World Cup and the ambush marketing tactics on...
Parody in South Africa: addressing the Hippo in the room
A recent advertising parody has caused quite a stir at the watering hole, and left consumers questioning whether Hippo.co.za may have been out of line. The advert, which has already garnered over half a million views on YouTube alone, is a parody of OUTsurance’s...
I scream, You scream, we all scream for Iceland
What are the boundaries when it comes to registering the name of a place, country, city or town as a trade mark? This is the question that the Grand Board of Appeal of the European Union Intellectual Property Office (EUIPO) is set to decide when it hears its first...
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