Legal updates and opinions
News / News
COVID-19 and online precautions for brand owners
by Donvay Wegierski, Director
As the world heeds the call to stay at home and flatten the curve our online activity has increased. With it, we have seen an increase in cybercrime, phishing and general criminal activity luring people to donate to fake causes, to click on phishing links and buy fake or counterfeit goods.
There has also been a particularly sharp rise in counterfeit pharmaceuticals and protective gear. Worldwide shortages of protective gear has seen a proliferation of fake products. One such example are “N95” masks (being a US certification) available online and subsequently pulled from India, Pakistan and numerous other countries.
Understandably fake or inadequate products place lives at risk therefore the origin and credibility of the website from which products are purchased should be treated with caution. In an effort for brand owners to combat trade mark infringement and counterfeit product the following measures could be considered:
- Google Alerts or anti-counterfeiting services which flag the unauthorised use of brand names;
- Trade mark watching services can be implemented or increased;
- Consider anti-counterfeiting partnerships with likeminded business;
- Educate and inform customers online by including listings of legitimate retailers, posting photographs of genuine product and encouraging reporting of fake or unauthorised product;and
- Continue to maintain and protect brands locally and abroad – register and maintain trade marks and domain names, in South Africa and other countries.
Latest News
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 [...]
National Treasury sees the light regarding foreign employers
The latest feedback received from National Treasury regarding the proposal to require foreign employers to register for employees' tax (Pay-As-You-Earn) [...]
Delegation of authority in the context of corporate governance
Delegation of authority is an important element of effective corporate governance for companies. It involves the process of the board [...]
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 [...]
