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
Broad-Based Black Economic Empowerment (“BBBEE”) pre-qualification criteria for state tenders declared invalid
by Pieter Steyn, Director and Head of Broad-Based Black Economic Empowerment (B-BBEE) Practice The Supreme Court of Appeal ("SCA") has [...]
Business rescue for external companies? It’s all in the definition
by Eric Levenstein, Director and Head of Insolvency, Business Rescue & Restructuring Practice; and Malachizodok Mpolokeng, Candidate Attorney Looking back [...]
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 [...]
Supervening impossibility and lease agreement buildings
by Harold Jacobs, Director and Samukelisiwe Dube, Candidate Attorney What are the respective rights of the parties to a lease [...]
2020 has put the South African business rescue procedure on steroids
by Eric Levenstein, Director and Head of Insolvency, Business Rescue & Restructuring Practice The onset of the Covid-19 pandemic in [...]
Big data, big competition law issues – emerging competition enforcement in the fourth industrial revolution: big data, algorithms and abuse of dominance
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of the Competition Law Practice Introduction 1. Digitalization [...]
