Legal updates and opinions
Post 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
Corroborative evidence is required to establish intoxication
By: Jacques van Wyk, Director, Andre van Heerden, Senior Associate and, Unathi Jukuda, Candidate Attorney ISSUE Whether an employer can dismiss [...]
The admissibility of evidence related to discussions held during a conciliation hearing
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Can the Labour Court receive and rely on evidence [...]
Does a gross failure in procedure expose an employer to the risk of maximum permissible compensation even if there is a justification for the dismissal?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE If a retrenchment was unavoidable, can the employer skimp [...]
#metooza – sexual harassment in the workplace in south africa
By Bradley Workman-Davies, Director and Megan Livingstone, Candidate Attorne Recently, and on an ongoing basis, revelations of sexual harassment in [...]
Do restraint of trade agreements survive a transfer of a business as a going concern?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Are restraint of trade agreements transferred in terms of [...]
Reviewing an arbitrator’s misconception of the nature of an enquiry
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Whether, by finding that the employer should have followed [...]
