Nicole Smalberger
Dealing with trade mark infringements on third party websites
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 […]
December 13, 2024|
Protecting well-known rights in the absence of deception and confusion.
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 […]
November 7, 2024|
A rose by any other name would smell as sweet, but sweet enough to be a trade mark?
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 […]
October 30, 2024
Brands in Africa: the dos and the don’ts
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. […]
May 4, 2023|
Neil Young Kicks Trump to the Curb: No More ‘Devil’s Sidewalk’!
Well-known musician Neil Young is suing the presidential campaign of Donald Trump, calling on the campaign to stop all use of his music at Trump rallies. These songs include “Devil’s Sidewalk” and “Rockin in the Free World”. Mr. Young is apparently of the view that Trump’s campaign has no “free world” spirit at all, but […]
August 5, 2020|
Listen | Who owns the copyright to the tattoo on your body
Author: Nicole Smalberger Nicole Smalberger discusses copyright in tattoos with 702 Talk Radio’s Joanne Joseph. Would it ever occur to you that a third party might be able to claim rights on your skin? In the case of art that has been inked into your skin, namely tattoo art, that may well be the case. […]
November 15, 2018
COPYRIGHT IN TATTOOS | A PRICKLY LEGAL QUESTION
Would it ever occur to you that a third party might be able to claim rights in your skin? In the case of art that has been inked into your skin, namely tattoo art, that may well be the case. A tattoo is an artistic work. If it is original and reduced to a material […]
June 3, 2018