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
Shell judgment underscores need for clarity in public consultation
by Thomas Karberg, Associate. Reviewed by Athi Jara, Director On 1 September 2022, the Eastern Cape Judge President Selby Mbenenge [...]
The meaning of ‘company’ and its implications for section 75 of the Companies Act
by Cari Cole-Morgan, Director, Julian van Niekerk, Director and Kiera Bracher, Candidate Attorney The meaning of 'company' It now appears [...]
Loadshedding – what should employers know?
by Jacques Van Wyk, Director, Michiel Heyns, Senior Associate and Danelle Plaatjies, Candidate Attorney The recent announcement of the resumption [...]
Private Public Partnerships and the inescapable ties of Section 217
by Sarah Moerane, Director and, Koketso Rapoo, Candidate Attorney "contracts for goods and services" - A phrase that, on the [...]
The Eastern Cape High Court Judgment that created seismic waves
by Kyra South, Senior Associate and Thembelihle Tshabalala, Candidate Attorney. Reviewed by Chris Stevens, Director and Head of Mining and [...]
Small mergers in digital markets are on the Competition Commission’s radar
by Dominique Arteiro, Director, and Sandiso Dhlomo, Candidate Attorney Guidelines on small merger notification The Competition Commission of South Africa [...]
