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
When machines make decisions: Understanding the impact of the protection of personal information act, 2013 (“Popia”)
Companies, when obtaining and processing personal information must not mislead and must also provide certain information to the individual data [...]
United Kingdom – game of thrones vs game of vapes
The UK Intellectual Propety Office ("UKIPO") has dismissed Home Box Office ("HBO") trade mark opposition filed against the registration of [...]
South African copyright bill vs European Union copyright directive – poles apart
Much has been written of late about the South African Copyright Bill which has attracted a significant amount of criticism [...]
Trade marks: changes to the Canadian trade marks act
On 17 June 2019 the Canadian Trade Marks Act will be introducing several changes pursuant to it joining the Madrid [...]
South African musician Daniel Baron vs David Guetta
A South African artist, Daniel Baron has accused David Guetta of copying his 2016 song, "Children of the Sun". As [...]
Informal complaint initiation – complaints initiated on a ‘wink and a nod’
INTRODUCTION A recent decision by the Supreme Court of Appeal ("SCA") has given the Competition Commission (the "Commission") some latitude [...]
