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
Large fines show FSCA is focused on enforcement to leave the grey list – a red flag for non-compliant financial services providers as more fines likely
Gone are the days of box-ticking. The FSCA has imposed penalties on financial services providers for non-compliance with FICA The [...]
Considerations of a surety relying on the remedies provided in the Insolvency Act
CASE NOTE Introduction On 9 February 2024, the Supreme Court of Appeal in the case of Cohen v Absa Bank [...]
New Earnings Threshold
and Danelle Plaatjies - Candidate Attorney On 5 March 2024 the Minister of Employment and Labour, Thembelani Waltermade Nxesi, published [...]
Regulator or Legislature?
The Information Regulator ("Regulator") issued its first Enforcement Notice regarding non-compliance with the direct marketing provisions of the Protection of [...]
Is your business struggling? Liquidation or Business Rescue are not the only options: The Section 155 Compromise
and researched by Thabani Dlamini - Candidate Attorney Introduction When your business is struggling and creditors are knocking down the [...]
Be careful what you wish for: Lessons from the LAC
On 13 October 2021 the Labour Court ("LC") found the dismissal of the employee to be automatically unfair. This was [...]