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
The application of the reportable arrangement provisions to contributions to offshore discretionary trusts
Offshore discretionary trusts by Erich Bell, Director Werksmans Tax Proprietary Limited The reportable arrangement provisions in Part B of Chapter [...]
The existence of a disputed arbitration agreement: Whose call?
Arbitration agreement by Pierre Burger, Director Arbitration is a consensual process – it depends on an agreement between the parties [...]
Swanepoel v KPMG Services (Pty) Ltd (J494/19) [2021] ZALCJHB 457 (13 December 2021)
Termination of the employment relationship in terms of the UI-19 by Bankey Sono, Director and Neo Sewela, Candidate Attorney Very [...]
CCMA pronounces on mandatory vaccination policy
Mandatory vaccination policy On Friday 21 January 2022, the Commission for Conciliation, Mediation and Arbitration (CCMA) delivered a much anticipated first pronouncement [...]
Effects of Business Rescue
What effect does business rescue have? 1. What happens to the directors during business rescue? The directors of the company [...]
Who was worse: The Attorney or the Legal Practice Council?
Roll of attorneys In a matter recently heard before the Western Cape High Court, erstwhile attorney Gerrit Smit Van Wyk [...]
