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
The SCA rules on the deductibility of contributions to employee share incentive schemes and prescription
SCA rules on the deductibility of contributions Many employers implement employee share incentive schemes with the intention of incentivising and [...]
New procedures when natural persons cease their SA tax residency
Cease SA tax residency The South African Revenue Service ("SARS") recently issued guidance on its website on what the cessation [...]
A bank’s duties to non-customers – clarified or extended?
A bank's duties to non-customers When money is deposited into a bank account, it becomes the property of the bank. [...]
Resigning rather than being vaccinated
Resignation vs vaccinated As an employee, what are your rights when an employer places pressure on you to be vaccinated? [...]
Finally, my little eye spies a PAIA Guide!
Promotion of Access to Information Act 2 of 2000 The 28th of September was declared by UNESCO in 2019, as [...]
Data breaches: to notify, or not to notify, that is the question
Data breaches We have had a number of clients approach us on the issue of security compromises or "data breaches" [...]
