Rebone Setati
Mr D’s disparaging advertisement that imitated Massmart’s MAKRO MOOD Campaign
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 […]
February 20, 2025|
Six children die after consuming poisoned snacks: what packaging information are you entitled to as a consumer?
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 […]
October 28, 2024
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, promoting South Africa’s national lottery, Ithuba Holdings RF (Pty) Ltd (Ithuba). The videos were part […]
November 1, 2022
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 a trade mark dispute. To recap, this case was […]
October 21, 2022
Petition made on constitutional grounds to the Kenyan High Court to protect image rights
In this matter[1] Rafiki Microfinance Bank Limited, the Respondent, used an image of Mutuku Matingi, the petitioner, on its pamphlets in the promotion of its credit or financing facility, “Get a boda”, for the purchase of motorcycles, also known as a “boda boda” in Kenya. The Petitioner was a boda boda driver and made a […]
February 28, 2022|