Jared de Canha

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spoken by the generation born between 1997 and 2012, you would be forgiven for feeling cheugy (read “someone who is out of date”) when the language of these “digital natives” flies right over your head (the authors included, who, without giving our ages away, sit as bookends of […]

Intellectual PropertyJani CronjéJared de CanhaTrade Marks

META-morphosis: exciting developments in respect of the enforcement of ARB complaints

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 […]

Advertising LawIntellectual PropertyJared de Canha

Esco-barred: When is a trade mark contrary to morality, or likely to offend?

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 […]

Gérard du PlessisIntellectual PropertyJared de CanhaTrade Marks

One work to rule them all?

Battle lines have recently been drawn, after fan fiction writer, Demetrious Polychron, filed a 250-million-dollar lawsuit against the Tolkien Estate and Amazon on the basis of copyright infringement. Mr Polychron claims that his novel, The Fellowship of the King, which draws inspiration from the works of J.R.R. Tolkien, is a wholly original book and concept […]

Adams NewsJared de Canha

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, […]

CopyrightIntellectual PropertyJani CronjéJared de CanhaTrade Marks

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 […]

Intellectual PropertyJani CronjéJared de CanhaTrade Marks