Legal updates and opinions
Author
News / News
Adidas and the stripes
By: Donvay Wegierski, Director
In 2015, Adidas successfully opposed the registration of two EU marks comprising two stripes belonging to Shoe Branding Europe marks on the basis of its three stripe registrations. On appeal, the EU General court has confirmed this position finding it likely that the use of the two-stripe mark will take unfair advantage of the three-stripe registration. This decision may deter the adoption of two stripe variations by others in the EU while Adidas continues to defend its three stripe registrations.
This may differ from the situation in South Africa, in that the Supreme Court of Appeal has found previously that two stripes on shoes had not constituted trade mark infringement or passing off, when the particular shoe was considered.
Latest News
Troubled waters and looming distress as we enter the second half of 2025
by Brendan Olivier, Director Much has been written and said about the dangers posed to South Africa’s economy, by outside [...]
Copyright and Artificial Intelligence in South Africa: Rethinking Authorship and Originality in the Digital Age
by Janine Hollesen, Director & Head of Intellectual Property, Preeta Bhagattjee, Director & Head of Technology & Innovation, and Malique Ukena, Candidate [...]
No! It is NOT all about consent!
by Ahmore Burger-Smidt, Director & Head of Regulatory “I believe that a guarantee of public access to government information is [...]
The Consequences of Lessons not Learnt – A Cautionary POPIA Tale
by Dakalo Singo, Director & Head of Pro Bono and Ahmore Burger-Smidt, Director & Head of Regulatory “All men make [...]
To Dismiss or Not to Dismiss – That is the Operational Question
by Bradley Workman-Davies, Director The recent Labour Court judgment in Inxuba Yethemba Municipality v Msweli & others underscores two important principles for [...]
The Clock is Ticking on Unfair Labour Practice Referrals – Labour Court Confirms They Are One-Time Events
by Bradley Workman-Davies, Director In the recent case of NEHAWU obo Makhubele & others v Ramalatso NO & others , the Labour [...]
