Legal updates and opinions
News / News
Gucci is well-known in singapore
By: Donvay Wegiersk, Director
A mark is considered well-known if a larger portion of the public can immediately recognise the mark with the goods and services to which it relates.
In finding that the GUCCI mark is well-known in Singapore, the Singapore trade mark office held that all that needs to be shown is a real or serious probability of damage to the well-known mark’s advertising quality or symbolic function without the need of survey evidence. As survey evidence can be laborious and extremely expensive this approach is likely to be welcomed by owners of luxury and other well-known brands that may be regarded as well-known.
This view would be welcomed by South African trade mark practitioners in light of the expensive and time consuming task in conducting surveys which are usually subject to scrutiny by the opposing party which could be struck out by the courts if not conducted properly.
Latest News
WhatsApp, a misconceived menace to society?
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Dale Adams, Candidate [...]
LRA Section 189A (13) applications: is the court guardian or nanny?
by Lloyd Abraham, Director The Broadcasting Electronic Media and Allied Workers' Union (BEMAWU) recently launched an urgent application in the [...]
Banking on a resignation with immediate effect? Don’t count on it!
by Sandile July, Director and Lisa Appelgryn, Senior Associate: Labour & Employment Practice The Labour Appeal Court ("LAC") in the [...]
Automotive aftermarket shake-up – The Competition Commission’s final Automotive Aftermarket Guidelines
by Dominique Arteiro, Director: Competition Practice "These Guidelines are aimed at removing restrictions imposed by OEMs on car owners on [...]
COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) audit pack
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 27 November 2020 the [...]
Counselling employees who perform below expectation for a fair dismissal
by Bradley Workman-Davies, Director Employee underperformance is a valid ground for dismissal in SA labour law, but as always, the [...]
