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
National Health Insurance: a future for medical schemes? Possibly.
Millions of South Africans derive a certain peace of mind that their healthcare needs will be covered by the provision [...]
From Locked-In to Knocked Out: Vodacom’s million-rand fine by consumer watchdog and what it means for individuals and businesses
and Danelle Plaatjies, Candidate Attorney The National Consumer Tribunal recently issued Vodacom with a R1 million fine for contraventions of [...]
South Africa: Recognition and Protection of Karoo Lamb as a Geographical Indication
South African Geographical Indication's ("GI") include Rooibos (Western Cape), Honeybush (Eastern Cape and Western Cape), and several wine GIs including [...]
Liability for defamation by AI
Generative AI has exploded into the public consciousness and into widespread use with the emergence of language processing tools (or [...]
Is an agreement referring to unannexed annexures void for vagueness?
The courts have held that at times when agreements are being interpreted, the proper meaning of words may initially appear [...]
Private equity exits: Will the new Competition Commission merger guidelines stifle or encourage investment appetite?
Reviewed by Dominique Arteiro, from a Competition Law perspective, Director. In any private equity investment life cycle, the exit environment [...]
