Jani Cronjé
It’s giving trade mark: the registrability and enforceability of Gen Z Slang in South Africa
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spoken by the generation born between 1997 and 2012, you would be forgiven for feeling cheugy (read “someone who is out of date”) when the language of these “digital natives” flies right over your head (the authors included, who, without giving our ages away, sit as bookends of […]
February 17, 2025|
Domain Dispute Resolution: A Bright Victory for HAVELLS
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 […]
November 1, 2024
Unshelving the Fragrance Fiasco: Dis-Chem Takes Swift Action Amid Sol de Janeiro Authenticity Concerns
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 […]
October 11, 2024
WHAT’S SO ARB-ITRARY ABOUT ONIONS, PETROLEUM JELLY AND HOT CHILLIES?
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 […]
April 16, 2024
PRODUCT LABELLING IN SOUTH AFRICA: LITTLE MARGARINE FOR ERROR
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 […]
June 13, 2023
Ed Sheeran two-steps to victory in copyright dispute across the pond
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, […]
May 10, 2023|
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 “saver” advertisements that appears to spoof the original advertisements that featured […]
September 7, 2022|
Copyright counterclaim falls flat – Ed Sheeran Exonerated
“There are only so many notes and very few chords used in pop music – coincidence is bound to happen if 60 000 songs are being released every day…that’s 22 million songs a year and there are only 12 notes that are available”. Ed Sheeran’s words certainly ring true, in light of the momentous victory […]
April 12, 2022|
Pop stars to face the music over alleged copyright infringement
Copyright infringement hearings have certainly taken on a new meaning, after well-known musician, Ed Sheeran, recently performed bars of his hit, Shape of You, before the High Court in London in an effort to prove that portions of the chart-topper were not copied from an existing musical work. Mr. Sheeran is currently embroiled in a […]
March 28, 2022|
McFringement? McDonald’s take Hungry Jack’s to Court over the new Big Jack burger
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 […]
September 28, 2020
Teacher’s pet…hate
With day (who can remember) of lockdown arriving, your phone chirps excitedly, reporting “your homework” which has arrived for next week, ready to be downloaded and printed in advance. Yes, best to be prepared! The writer is sure that every parent out there will now be able to update their LinkedIn profile and more specifically […]
May 4, 2020