Legal updates and opinions
News / News
MESSI is a trade mark
By Janine Hollesen and Donvay Wegierski, Directors
In April, the EU court ruled that the degree of similarity between the marks MASSI and MESSI is not sufficiently high to accept that the relevant public may believe that the goods come from the same source. It went further saying that a significant portion of the public would in fact associate the term MESSI with the famous footballer and will therefore perceive MASSI as being conceptually different.
The EU trade mark owner of MASSI for clothing, shoes, bicycle helmets, protective clothing and gloves had previously opposed Barcelona and Argentinian football player Messi’s application for MESSI due to their visual and phonetic similarity in 2013 which opposition was upheld in the first round. The appeal court overturned the ruling allowing Messi’s marks to be registered. With the FIFA 2018 WORLD CUP underway – with a rather dubious start for Messi – this successful appeal favouring Messi is no doubt welcomed.
If you would like to learn more about Intellectual Property please visit our practice area page.
Latest News
Director liability – OHSA/NEMA
This memo is intended to provide high level guidance on director liability under the National Environmental Management Act 107 of [...]
Reporting obligations of directors in terms of the Companies Act, No. 71 of 2008 – reckless trading and personal liability
Directors are obligated to report financial distress – failure to do so might result in personal liability. The Companies Act [...]
Kenya: SONY is not well-known
By Janine Hollesen and Donvay Wegierski, Directors In Sony Corporation vs Sony Holdings Limited the Kenyan High court dismissed the [...]
South Africa: reliance on trade marks in company name objections
By Janine Hollesen and Donvay Wegierski, Directors A further reason to register trade marks is that they can be relied [...]
China: motivation for e-commerce to act against counterfeiting
By Janine Hollesen and Donvay Wegierski, Directors On 31 August 2018, China introduced legislation making online operations accountable. Online service [...]
Johannesburg CBD fire – health and safety at work
By Bradley Workman-Davies, Director The recent fire which broke out in a government building in central Johannesburg lead to the [...]

