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
Werksmans Tax Brief
Tax Amendments 2021 Introduction On 11 November 2021, when the Minister of Finance presented his Medium Term Budget Policy Statement [...]
Severance pay entitlement of an employee who continues to work after he reaches the contractual retirement age
Severance pay entitlement - Issue Whether an employee, who continued employment with the same employer after he reached the contractual [...]
The importance of employees adhering to Covid-19 protocols in the workplace
Covid-19 protocols in the workplace - Issue Whether the dismissal of an employee who attended work whilst awaiting a Covid-19 [...]
Entitlement to embark on strike action when there is an unreasonable delay
Entitlement to embark on strike action - Issue Whether intended strike action can be embarked upon where there has been [...]
Recent pro bono highlights
Werksmans pro bono highlights - National Wills Week During the week of 13 to 17 September 2021, Werksmans participated in [...]
Focus on ESG – Business opportunity or cost?
Environmental, social and governance (ESG) 1. As we eagerly anticipate the exit of the Coronavirus pandemic, there is recognition and [...]
