Trade Marks

What do the following brands all have in common? A brand refresh, of course! Refreshing your brand can be an exciting way to modernise your business and keep it relevant to customers. But while you’re giving your brand a new look, don’t forget to consider your intellectual property (IP). A brand refresh can help strengthen […]

The Directorate of the Advertising Regulatory Board (“ARB”) was recently called upon to adjudicate a competitor complaint filed by Massmart IP (Pty) Ltd against Mr Delivery (Pty) Ltd. Mr D’s advertisements in issue were posted on YouTube and broadcast on radio. The radio commercial features a distinctive-sounding voice-over stating: “Hmmm, what’s that? Black Friday specials […]

With the emergence of Gen Z Slang, spoken by the generation born between 1997 and 2012, you would be forgiven for feeling cheugy (read “someone who is out of date”) when the language of these “digital natives” flies right over your head (the authors included, who, without giving our ages away, sit as bookends of […]

We currently live in the internet age, an age where a great deal of economic activity is conducted online. Nowadays, most businesses have some form of online presence in the form of websites. This is generally considered the easiest way to reach a wider audience and reach more prospective consumers. The downside, of course, is […]

The US Patent and Trademark Office (USPTO) has published that there will be notable increases in some of its patent application fees as from 19 January 2025.  Since South African patent applicants generally have a strong interest in the USA as a patent jurisdiction, the changes should be taken note of. The most relevant change […]

Introduction Trade marks are meant to differentiate your goods or services from the goods or services of a third party. Sometimes, third parties may seek to take a short cut and turn a quick profit by using your trade mark in order to ride on your coattails and take advantage of the time and money […]

In today’s increasingly digital world, safeguarding intellectual property rights online is more crucial than ever. A prominent threat to these rights is the ability of third parties with nefarious intentions, to “set up shop” with relative ease, in the online market space. This practice can severely damage a brand’s reputation, dilute its identity, and create […]

South Africa is known internationally for its abundant flora. South African plant breeders regularly win awards at an international level for their unique and beautiful cultivars. From roses to aloes to all manner of drought-resistant and “South Africa friendly” flowers, the plant-related IP landscape in our country is one of huge potential. So, the question […]

On Monday afternoon, the Advertising Regulatory Board (“ARB”) set the industry abuzz after it announced that Meta, the technology conglomerate which owns and operates a hive of social media platforms such as Facebook and Instagram, has created an access point which will enable it to share its decisions – which affect advertising on Meta’s platforms […]

As you may have heard in the news, five children were recently reported to have tragically died in Soweto, after allegedly eating poisoned snacks, purchased at a spaza shop. The sixth child, who was the only survivor, later succumbed to his injuries in hospital. These children, aged between six and eight, were initially reported to […]

As a millennial, it took me a while to embrace the Tiktok trend and ‘get with the Gen Z program’. In between billable work one evening, I found myself scrolling on the app and came across a local fashion influencer who was floored by the fact that an extremely popular insulated drink container (possibly the […]

The phrase SIMPLY LOVELY might sound simple and not too special, but it is, in fact, rather renowned, at least in the Formula 1 community. “SIMPLY, SIMPLY LOVELY” were the words used by Max Verstappen over the Red Bull team radio after overtaking Sebastian Vettel during the 2017 Mexican Grand Prix. The phrase SIMPLY LOVELY […]

The City of Johannesburg Council issued a notice of its intention to consider the renaming of Sandton Drive to Leila Khaled Drive in September 2024. The proposed name change has been met with widespread criticism by residents and businesses alike, but what are the legal principles that would regulate such a decision, and will the […]

Ask any fragrance enthusiast what they would like for Christmas this year and chances are they will say, “a bottle of the latest Sol de Janeiro product, please”. This U.S. skincare and fragrance brand, inspired by the vibrant culture of Brazilian beaches and with its signature almond and vanilla scent, has recently taken social media […]

In the world of social media, viral moments can change everything overnight. TikTok creator Jools LeBron experienced this firsthand when her phrase, “very demure, very mindful,” went viral, earning her over 2 million followers. However, the excitement of her newfound success quickly faded when another individual, Jefferson Bates, filed an application to register, as a […]

Intellectual capital, intellectual property, trade marks, company names, domain names, clearance searches, licensing, patents, designs, trade secrets, copyright … These words or phrases may sound like buzzwords to entrepreneurs, but these words and phrases are keywords for the long-term success of any enterprise. Intellectual property comprises intangible assets which should be protected and leveraged to […]

It is no secret that influencers are currently at the forefront of the marketing industry. It comes as no surprise when products or services “go viral” as a result of their promotion through influencers on online platforms. Enterprises are leveraging influencers’ reputations and brands to acquire goodwill in their own brands and to put the […]

The responsibility for the management of an IP portfolio for any business is a daunting task. For that reason, many entities create a dedicated position within their broader legal team to oversee and safeguard their IP. Having been thrown into this role myself in my career, I have compiled a list of a few tips […]

In recent years, the South African courts have been called on to adjudicate much-publicised trade mark disputes involving the names and logos of prominent political parties. The dispute between the ruling party, the African National Congress, and the ‘new’ party on the block, uMkhonto Wesizwe, being the latest of such cases. While political parties are […]

I have recently been exposed to the exploits of Mikey Turtle in Minecraft and Roblox minigames and experiences, but my exposure has been enough to lead me down the video game rabbit hole. Video game content plays a significant role in digital entertainment and is lauded, and sometimes criticised, for its social and economic impact. […]

An application for the PABLO ESCOBAR trade mark, designating multiple classes of goods and services, was recently barred from registration in the European Union, amidst concerns regarding morality and the public’s perception of the mark in Spain. The application was filed by Escobar Inc., the official holding company for Pablo Escobar, founded by his brother […]

Hippo Advert Found Not Suitable For Children Valentine’s Day for Hippo was slightly unconventional this year. Instead of chocolates, flowers and dinner at a fancy restaurant, it involved onions, petroleum jelly, hot chillies and a decision passed down by the Advertising Regulatory Board (the ‘ARB’), the body responsible for regulating the content of advertising in […]

Last year, Zambia passed the Trade Marks Bill 2023 in an effort to revise its archaic trade mark legislation prescribed by the Trade Marks Act (Chapter 401) 1958 (“the Old Act”). The Old Act has been in force for more than six decades. The Old Act did not provide for the registration of service marks […]

Johannesburg – Dec 11, 2023 – Qualcomm Incorporated announced today, the launch of L2Pro Africa IP e-learning Platform, a free online training program designed to empower startups, SMEs, and researchers in Africa to protect, secure, and maximize their innovations. This program has been created in collaboration with Adams and Adams, Africa’s leading intellectual property (IP) […]

“What’s in a name? That which we call a rose by any other name would smell just as sweet.” William Shakespeare used this line in his play Romeo and Juliet to convey that the naming of things is irrelevant; however, in our modern fast paced society, driven by brands that are worth hundreds of millions […]

 Adams Adams Africa · Spinning Plates: Navigating new food label requirements in South Africa

The High Court of South Africa Kwa-Zulu Natal Local Division, Durban delivered a judgment in a passing off case between Fuel Trailers (Pty) Limited t/a Trailers & Tankers (“Trailers & Tankers”) and St Logistics (Pty) Limited t/a Jikelele Tankers & Trailers (“Jikelele”). The Court found that Jikelele’s use of the ORANGE TRAILER logo was already […]

 Adams Adams Africa · MIP podcast – The Trade Dress Code: Protection and Stopping Imitation

The much-anticipated 2023 Netball World Cup is headed to Cape Town, South Africa from 28 July to 6 August 2023 and will be the first Netball World Cup to take place on the African continent. Hitting the headlines this week was the news that Discovery has withdrawn Vitality as the title sponsor of the event, […]

Round 3 was decided with Clover winning the war (despite losing a battle along the way) after a favourable decision was recently churned out by the Supreme Court of Appeal (SCA).  Readers may remember that the writer first reported in June 2021 that Clover’s urgent application to interdict the use of STORK BUTTER SPREAD by […]

The Supreme Court of Appeal (SCA) of South Africa recently delivered a judgment in a trade mark infringement case between iCollege (Pty) Ltd (“iCollege”) and Xpertease Skills Development and Mentoring CC (“Xpertease”). The Court found that Xpertease’s use of a mark that closely resembled iCollege’s registered trade mark resulted in a likelihood of deception or […]

Ed Sheeran’s victories continue to multiply, after a New York jury recently ruled that his song, Thinking Out Loud, does not infringe the copyright of well-known American song, Let’s Get It On, written by Marvin Gaye and Ed Townsend. This 100-million-dollar claim was first brought by Townsend’s heirs in 2017 against Sheeran, his records label, […]

Africa is a vast continent and is often underestimated, both from a business but also from a brand protection perspective. Africa’s land mass exceeds that of India, China, the United States and Europe combined. It is also the second most populous continent, with over 1.3 billion people – or about 16.5% of the world’s population. […]

As technology continues to advance, the digital landscape is constantly evolving, presenting new opportunities and challenges for Intellectual Property (IP) law. There have been notable developments involving the interplay between Intellectual Property, Non-Fungible Tokens (“NFTs”), and the Metaverse, since the publication of our previous article on the topic. Firstly, the Hermès v Rothschild case, which […]

Are you aware of the recent Draft Regulations relating to the labelling and advertising of foodstuffs (“Draft Regulations”) which were published for comment on 21 April 2023? If not, read on, as these proposed regulations could have a significant impact on industries and businesses that are concerned with, or involved in, the packaging of foodstuffs. […]

“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 protected by copyright? And if it is, who would own […]

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 delicate issue. Fortunately, South African law provides some guidelines as to what is […]

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 necessarily disclosed. As a result, brand owners often have to decide whether or […]

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 ‘generic’ mean? A generic trade mark is a word or phrase that becomes […]

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 counterfeit branded bearings were seized by the Police during these operations.  Criminal prosecutions and civil claims were instituted. Roller […]

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, promoting  South Africa’s national lottery, Ithuba Holdings RF (Pty) Ltd (Ithuba). The videos were part […]

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 a trade mark dispute. To recap, this case was […]

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 display before and during the tournament. While […]

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 “saver” advertisements that appears to spoof the original advertisements that featured […]

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 ever oral appeal in a matter […]

It has been just under a month since the Department of Agriculture, Land Reform and Rural Development released a directive warning that certain meat analogue products are in contravention of local regulations relating to the packaging and labelling of processed meat products in SA (Regulation 1283 of 2019) in that they bear product names reserved […]

The registration of trade marks under the Trade Marks Act, 1993 (Act 194 of 1993),  can be vital to the success and protection of your brand. In South Africa, a trade mark is registered with theCompanies and Intellectual Property Commission (“CIPC”), beingthe national authority that is responsible for the national trade mark register for South […]

It goes without saying that it is extremely important to protect your brand and the trade marks signifying it. Registration of your trade marks will serve to deter potential infringement and will offer an easy remedy in instances of actual infringement. Registering your trade marks correctly and securing adequate protection can, however, be a daunting […]

A trade mark is a sign capable of distinguishing the goods / services of one entity from that of another.  In other words, it is allows for a product or service to be identified as belonging to an individual or business and functions to distinguish the particular goods / services from those of others in […]

Since 2021, we have seen the rise and rise of NFTs (non-fungible tokens). The NFT boom has been powered by the sale of NFT artwork, the first-ever tweet on Twitter and even popular memes, which have all fetched a pretty penny. The hype following the minting and sale of some NFTs has also brought into […]

Thinking of a new brand name? There is a chance that the name you are thinking of using for your new business might not be protectable or that the use thereof can get you into a legal dispute.  There is a lot at stake when making this decision. You may find yourself in a position […]

It is no secret that trade secrets are very valuable intellectual property on which a business empire can be built. Simply look at KFC’s classified blend of eleven herbs and spices; Coca-Cola’s famously secret recipe; Google’s search algorithm; or any well-known perfume. Almost like the plot of a great spy film, trade secrets, their value […]

In August 2017, the Minister of Health issued updated General Regulations (“the Regulations”) in terms of the Medicines and Related Substances Act 101 of 1965 (“the Act”). This introduced the category of “complementary medicines”, the definition of which included, inter alia, aromatherapy and homeotherapy products and, under the sub-category of health supplements, vitamins, minerals and […]

In October 2021, Meta shared a video on YouTube entitled “The Metaverse and How We’ll Build It Together — Connect 2021”.[1] Around this time, the company also announced its rebranding from Facebook to Meta.[2] The new company name seemingly signifies its focus on building the Metaverse. In the said video, Mark Zuckerberg refers to “an […]

Intellectual Property in Universities Intellectual property (IP) plays a critical role in research and education, both of which form the foundation of any university.  No matter the type of IP, and irrespective of the complexities involved in the creation of such IP, universities have the uncanny ability to produce an array of mind-blowing forms of […]

Trademark infringement is when you make unauthorized use of a trademark that is identical or confusingly similar to the trade mark of another person. It is extremely important to ensure that you conduct a search of the register and the trade before finalizing any logos, slogans, names, or other forms of marks to ensure that […]

A trade mark registration affords the owner thereof the exclusive right to use it in relation to the goods / services covered by the trade mark registration. Unless a trade mark owner consents, or provides a license, to the use of a trade mark by a third party, use of a trade mark owner’s trade […]

In a contentious shift towards a decentralised “Web3”, NFTs have been all the craze of late. NFT is an acronym for “non-fungible token”. Simply put, an NFT is a digitally stored asset in which the subject can vary from art to music and all forms of media in-between. The co-founder of Twitter has gone so […]

In what is believed to be the first case of its kind, the Ethiopian Supreme Court has issued a decision recognizing rights in an unregistered label trade mark in the context of opposition proceedings which culminated in an appeal to that court The Appellant in this case was The Procter & Gamble Company, or P&G, […]

When starting a business, protecting that business and giving it the best chance at succeeding should be at the forefront of your mind. One of the aspects of ensuring that your business has the best chance at success is registering a trade mark. A trade mark registration goes a long way in protecting your business, […]

Can trademarks that are registered in South Africa and owned by a foreign entity be attached to found or create jurisdiction in South Africa over the foreign entity?  This question was considered by the Supreme Court of Appeal (SCA) in a judgment that was handed down in September 2021.  The case involved the Federation Internationale […]

In a recent order by Gauteng Division of the High Court, the South African Bureau of Standards (SABS) was awarded damages for the unlawful use of its certification trade mark by a supplier of sanitisers and disinfectants. The SABS became aware of the manufacturer falsely using the ‘SABS Approved’ certification mark on its sanitisers and […]

The purpose of a trade mark is to distinguish one business from that of another and it, in effect, provides a business with protection from third party infringement or copying. This is because, if two entities operating in the same trading channels use identical or similar branding consumer confusion could occur in the trade. As […]

The Department of Agriculture, Land Reform and Rural Development (“the Department of Agriculture”) recently sent a letter to all processors, packers, importers, exporters and retailers of animal and processed plant products (“the regulated products”), which products are regulated by the Agricultural Product Standards Act, 1990 (“the Agricultural Act”), confirming a change in approach in applying […]

It has been widely reported in the National Law Journal that hundreds of applications have been filed with the U.S. Patent and Trademark Office attempting to register marks incorporating the word COVID since the pandemic began last year. Some of the examples of applications that have been reported are COVID-19 VIRUS FREE GUARANTEED for apparel […]

In what can best be described as a robust and “no bars held” move, Russia has declared that champagne producers must now include the designation “sparkling wine” on their Champagne products manufactures for export to Russia. To add insult to injury, only locally-produced (in Russia) sparkling wine manufactured according to the traditional champagne method (but […]

In a new regular series on WTR, we highlight marketplaces across the world that reportedly engage in the trade of counterfeit goods. To do this, we speak with local experts to identify the physical marketplaces that brand owners may want to monitor as part of their global anti-counterfeit enforcement efforts. This week, we focus on […]

The British & Irish Lions have arrived in South Africa! However, they touched down amid the country’s third, and seemingly worst, wave of Covid-19 infections. The Lions will face the Springboks in three rugby tests from 24 July and although South African Rugby President Mark Alexander has announced that he is confident that the scheduled […]

Round 1 in the butter brawl between Clover and Siqala (known to me and you as Stork) went to Siqala according to AJ Nyathi who found that the application brought by Clover was not urgent, but rather contrived and lacking justification.  He was, however, only referring to the issue of urgency and in relation to […]

The Uganda Registration Service Bureau (URSB) has issued public notices calling for the renewal of expired trade mark registrations.  The notices, which were published in the New Vision newspaper on 25 May 2021 and 15 June 2021, call upon proprietors of expired trade mark registrations to renew their marks within 30 days from the date […]

Intellectual property assets are vital for creating shareholder/stakeholder value and can oftentimes be more valuable to a business than tangible assets. Intellectual property value will vary from business to business. To recap from our previous article that elaborates on the types of intellectual property, IP law protects intangible assets such as patents, design, trade mark […]

ARIPO has actively been engaging with Registries across the globe over the past couple of months, as well as embarking on new projects and training sessions with others. In particular, there have recently been active projects between ARIPO and the European Union Intellectual Property Office (EUIPO), as well as ARIPO and the United States Patent […]

The considerable diversion of consumers from shopping malls to online trading platforms, further driven by the Covid-19 pandemic, presents huge challenges to authorities in stopping unlawful goods from being distributed. Amazon took welcome initiative last year when they filed two separate joint US law suits with Valentino and KF Beauty against 4 companies and 16 […]

The well-known RocoMamas restaurant chain has taken Rack ‘n Grill, a small food truck business in Cape Town, to task about the infringement of its registered trade mark SMASHBURGER. Rack ‘n Grill, in their menu, has a burger called the “Smash Burger”. RocoMamas recently sent a letter to the owner of Rack ‘n Grill, demanding […]

A trade mark is an asset and will, through use over a period, accrue a value which will be taken into consideration in the event of a sale of a business and/or transfer of ownership.  One can secure the registration of a trade mark, if it meets the registrability criteria in that it can distinguish […]

In March 2021, the China National Intellectual Property Administration (CNIPA) proposed a plan to address trade mark piracy or squatting in China. According to the CNIPA, the plan is intended to promote IP rights and foster an environment that lends itself to innovation and business by combatting, amongst other things, the malicious registration of trade […]

A shake and protein bar that will reduce wrinkles in 28 days, improve my skin’s elasticity, firmness and hydration, improve my nail strength, reduce the appearance of cellulite and assist in weight management – sign me up! These were some of the claims being made by Future Life in respect of its BEAUTI FOOD nutritional […]

Pursuant to the provisions of the Somali Trade Mark Law No. 3 of 22 January 1955, and its amendment by Law No. 33 of 18 January 1975, the Somali Trademark Office (TMO) has recently introduced examination and publication processes on trademark registrations. Thus, the application for the registration of trade marks has resumed in Somalia, […]

88% of the respondents in the Savile Row Workplace survey published in October 2020 would prefer to either work from home or a combination of both. A few days ago, Microsoft a permanent work from home option with its staff. Despite this, 67% of the respondents in the survey have not changed work policies or […]

NIGERIA ratified in 2019 what is considered to be one of the biggest free trade agreements ever, the African Continental Free Trade Agreement (AfCFTA).  The agreement has been ratified by more than 50 countries on the continent, the aim of which is to encourage trade relations. The Agreement facilitates reductions in duty and exchange rate […]

COVID-19 has had an impact on most businesses.  Over the last year, businesses have been grappling with the impact that COVID-19 has had on their operations.  Intellectual property, and specifically trade marks, has taken a backseat to more pressing concerns.  While this is understandable, it does help to remind ourselves why intellectual property, and particularly […]

What is a license? A license agreement is a type of contract in which the proprietor of intellectual property would grant to a user or licensee the right to use that intellectual property.  The relevant intellectual property could, for example, include patents, registered designs, trade marks, copyright, know how and the like, either individually or […]

On 31 August 2020, companies in the McDonald’s group filed a lawsuit against the Hungry Jack’s franchise in the Australian federal court. The Hungry Jack’s chain, founded by fast-food mogul Jack Cowin in 1971, consists of approximately 400 stores across Australia (in comparison to McDonald’s estimated 970 stores). These conglomerates have had a tenuous relationship […]

Tanzania is well known for having an economically active agricultural sector, an abundance of natural gas and of course home to the brilliant blue precious stones. In June this year, a local small-scale miner became an instant millionaire after selling two rough Tanzanite stones to the Government for $3.4m. The gemstones has a combined weight of 15kg (33 […]

Gucci, Versace, Prada, Valentino, Fendi… These are among some of the most elite and luxurious fashion brands in the world. They are brands which have been strategically exploited and brands which have been turned into gold mine assets for their respective fashion houses. As you might expect, intellectual property in fashion is important to understand […]

For a continent so rich in culture, music and creative works, surprisingly little is published about copyright law on the African continent, outside of South Africa. Despite much of it being in dire need of updating and reform, most African countries do have copyright legislation, however. This form of IP protection can be an incredibly […]

Facing mounting pressure from major retailers and the public, the Washington Redskins NFL franchise finally announced that it will be retiring its controversial Redskins name and logo. The team’s name has been widely contested, with a decades-long campaign from Native American groups, describing it as a “dictionary-defined racial slur”. While the possibility of a team […]

A geographical indication is defined in the TRIPS Agreement as an indicator that identifies a particular product as originating from a particular region or locality, where a given quality, reputation or other characteristic of the product is essentially attributable to its geographical origin. Examples of such indications are Champagne, Tequila, Karoo Lamb and Rooibos. These […]

In a recent decision by the Registrar of Trade Marks in Zambia, it was confirmed that “bad faith” can be relied upon as a ground of opposition against a trade mark application. The matter related to an opposition by Anhui Liangliang Electronic Technology Co Limited (“the Opponent”) against an application to register the mark TORCH […]

“.com” domain names comprising generic words, such as booking.com, are very valuable pieces of online real estate. The question is whether these highly sought after generic.com domains qualify for registration as a trade mark. This was an issue recently decided by the Supreme Court of the United States. Booking.com, the well-known digital travel company which […]

In 2018, the Namibian High Court issued a decision in favour of the Applicants, Southern Sun Africa (First Applicant) & Southern Sun Hotel Interests (Pty) Limited (Second Applicant), on the basis of passing-off and copyright infringement, against Sun Square Hotel (Pty) Limited (Respondent), a Namibian company. The First Applicant, Southern Sun Africa, a Mauritian company, […]

The COVID19 pandemic has impacted quite dramatically on the operations IP and other government offices in Africa and the rest of the world. Most Trade Marks Registries that have suffered intermittent closures and other interruptions due to national lockdowns or COVID-19 protocols have made provision for the extension of procedural deadlines on pending cases to […]

The Madrid system, which makes provision for international trade mark registrations (“IRs”) filed through the World Intellectual Property Organization (“WIPO”), is considered to be a one-stop solution for the registration of trade marks worldwide, and serves as an alternative to individual national applications. Although the Madrid system has many benefits, some risks accompany this system. […]

Whether you are an 80s, 90s, or now kid, you are likely to have fond memories associated with practising and perfecting the “pointy S” symbol. Although the origins of the “pointy S” symbol are not quite known, the “pointy S” symbol has now been registered as a trade mark in the United States Patent and […]

We previously reported (here) on the initial decision by the World Trade Organisation (WTO) to uphold legislation in Australia which implemented mandatory plain packaging in relation to tobacco products, as well as the looming implementation of similar legislation in South Africa. The initial decision of the WTO was published in June 2018. It was subsequently […]

There can be no denying that online shopping has been a blessing in disguise during these unsettling times. Not only has it provided a way to purchase necessary goods during lockdown, it has provided some much-needed online retail therapy from the comfort of your own home. It has further proved to be a useful mechanism […]

Intellectual property (IP) assets, although intangible and invisible, are financially quantifiable. This means that they can be traded and commercialised. Intellectual property exchange control regulations govern limitations on the purchase and/or sale of IP assets. Intellectual property exchange control oversees sales, outsourcing, joint ventures, technology transfers, development, service arrangements or other related transactions involving outward […]

Adams & Adams Partner and Chairman, Gérard du Plessis, represented the Liberty Group in the judgment they won in the Johannesburg High Court earlier this month against Discovery Vitality. Not only was the judgment ground-breaking when it comes to trade mark law, but it has interesting implications when it comes to comparative advertising. In plain […]

Manchester- based businessman Georgios Demetriou of Licence to Thrill Ltd (“the Applicant”) recently applied to register the phrase “BLACK LIVES MATTER” under trade mark application no. 3497647 and “I CAN’T BREATHE” under trade mark application no. 3497640 at the United Kingdom Intellectual Property Office (UKIPO).  These phrases are associated with the current worldwide protests following […]

The outbreak of the COVID-19 pandemic has devastated multiple industries and caused a rapid disruption of global supply chains.  In an effort to curb the spread of the virus, South Africa has, like many other countries worldwide, implemented strict lockdown measures which have restricted people’s movement and brought most commercial activity to a standstill. Many […]

Last week, members of the Global Advertising Lawyers Alliance presented a webinar, “COVID-19 & Consumer Protection — Global Advertising in a Time of Crisis,” which summarised some important coronavirus-related enforcement trends around the world. The webinar was presented by Donata Codone from Portolano Cavallo (Italy), Jose Antonio Arochi from Arochi & Lindner (Mexico), Jenny Pienaar from Adams & Adams (South Africa), Brinsley […]

There is nothing more frustrating to a trade mark proprietor than going through the effort of securing a judgment in a counterfeit goods case, only for the defendant to use every trick in the book to frustrate the collection of the judgment debt.

In a recent appeal to the High Court in Kenya concerning the THERMOS trade mark, the question whether the Registrar of Trade Marks (“the Registrar”) can revisit a decision previously made was considered.

Albert Einstein once said, “In the middle of difficulty, lies opportunity”. There are no truer words for the current times where the COVID-19 virus has presented great opportunities for many.

The words of Coco Chanel: “If you want to be original, be ready to be copied” ring more true today than ever. According to the 2018 Global Brand Counterfeiting Report, the total value of counterfeit products globally is expected to reach 1.8 trillion dollars in 2020.

The World Intellectual Property Organization (WIPO) is the international forum for intellectual property (IP) records and services, amongst others. Having begun operations in April 1970, WIPO was created to protect intellectual property, and the laws that surround it, across the globe. Many expert IP organisations use WIPO to conduct international trade mark searches to ensure […]

Before you adopt a brand name or, in essence, a trade mark  for your product or service offering it is important to understand the meaning of a trade mark, the different types of trade marks and what your legal rights are once it you have managed to secure registration for your trade mark. What Is […]

If your EU marks proceeds to registration before the end of the transitional period, you will automatically be granted mirroring UK national rights. On the other hand, if your applications are still pending at the end of the transitional period, you will have 9 months within which to apply for a mirroring UK application.

On the 28th of January 2020, the Association for Alcohol Responsibility and Education (Aware.org) launched the new Code of Commercial Communications (“new Code”). It replaces the previous Code of Commercial Communication of Aware.org’s predecessor, namely the Industry Association for Responsible Alcohol Use (ARA).

Filling the gaps present in the Consumer Protection Act (CPA) 2008, the Franchising Association of South Africa’s (FASAs) will regulate the relationship between franchisors and franchisees going-forward.

While protecting one’s IP can be quite a costly exercise, it is nothing compared to the cost of trying to get it back.

The demand for software applications, particularly mobile apps has grown at a phenomenal rate in recent years, fuelled in part by the ever growing use of smartphones globally. In 2018, it is estimated that 66% of individuals in 52 key countries will own a smartphone, up from 63% in 2017 (Zenith Mobile Advertising Forecasts). Meanwhile, […]

Luxury British clothing brand BURBERRY recently ‘came under fire‘ for destroying clothing items worth more than £28 million (almost R500 million). It is no secret that well-known and highly coveted brands spend millions on advertising, promoting and protecting their brands and Burberry is no different.  Burberry’s history dates back to 1856 and its iconic Burberry […]

While you channel hop between the FIFA World Cup and the tennis you may have noticed that Roger Federer is no longer resplendent in Nike apparel at Wimbledon this year and is now sponsored by the Japanese brand Uniqlo (he still wears Nike shoes though). We were very interested to read the article on the […]

Earlier this year eHarmony Ltd (an online dating website) had one of its advertisements banned by the ASA in the United Kingdom for being untruthful – about love. The advertisement was a billboard on a London Underground platform and read: “Step aside, fate. It’s time science had a go at love.” It was complained to […]

Author: Jenny Pienaar The commercialisation of pharmaceutical products has become more complex as the competitive and regulatory environment has evolved. Today, regulatory regimes not only aim to protect public health and to ensure that there is robust data to support the safety and efficacy of pharmaceutical products, but also to limit expenditure on pharmaceutical products […]

What role, if any, do intellectual property rights have in discouraging cultural appropriation? Cultural appropriation may loosely be defined as the borrowing of elements from a culture without the consent of people belonging to or observing that culture. Cultural appropriation frequently enters mainstream debate in the realm of haute couture.  This topic is where the […]

The appellant, Cochrane Steel Products (Pty) Ltd (“Cochrane”), applied for the registration of the mark ‘CLEARVU’ in two classes: Class 6 in relation to “non-electric cables and wires of common metal; metal fences; metal mesh; pipes and tubes of metal; and Class 37 in relation to “building, construction, repair and installation services. The above trade […]

Author: Kelly Thompson The Supreme Court of Appeal handed down a landmark decision on Friday involving a trade mark dispute between two of the world’s largest beverage manufacturers, PepsiCo Inc (Pepsi) and Atlantic Industries (Atlantic), a wholly-owned subsidiary of The Coca-Cola Company. This case was not your typical “cola war”, but rather involved TWIST, the […]

A Trade secret is information that is useful in the industry and that is kept confidential. It is information that imparts value to its holder and one that provides a competitive edge over its competitors. Should information that constitutes as a trade secret be leaked, it could have a major negative effect on the business. […]

In June 2016, The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act, 20161 (“the Act”) came into force in Zambia. The Act’s preamble indicates that the aim is to: provide for a transparent legal framework for the protection of, access to, and use of traditional knowledge, genetic resources and expressions of folklore […]

The Sun International CEO SleepOut™ Event is officially a ‘Protected Event’. Following an extensive application and thorough consideration, the Minister of Trade & Industry, Rob Davies, has declared the 2016 CEO SleepOut™ Event a protected event, under S15 of the Merchandise Mark Act 17 of 1941. This elevates the status of The CEO SleepOut™ Event to […]

On 28 March 2016, the new Regulations relating to the Classification, Packing and Marking of Dairy Products and Imitation Dairy Products Intended for Sale in the Republic of South Africa (“the Regulations“) came into effect. The Regulations were issued by the Department of Agriculture, Forestry and Fisheries (“DAFF”), and repeal the previous Dairy Products and Imitation […]

Beyoncé may have drawn further attention to his name when she endorsed his luxury designs in a blog post on Saturday, but Laduma Ngxokolo says the brand boost is only one step in the right direction. These were his comments to John Robbie on 702 after being asked about the ‘shout out’ by the pop […]