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
Automatic transfers of employment – the strength of Section 197
Through the introduction of section 197 of the Labour Relations Act, 66 of 1995 (LRA) the idea was introduced into South [...]
Foreign employers, foreign employees and remote workers and South African labour laws – do they always apply?
and Kelly Sease, Candidate Attorney The Labour Relations Act ("LRA") amongst other important functions, regulates the rights of employees whose [...]
Previous renewal does not automatically constitute an expectation of re-renewal
and Tasreeq Ferreira, Candidate Attorney Issue Whether the non-renewal of an employee's fixed term contract ("FTC")constituted an unfair dismissal as [...]
Taking stock of collective misconduct
and Nombulelo Bashe, Candidate Attorney The retail sector is often burdened with the issue of stock losses or shrinkage. Employers [...]
Celebrating Heritage Month: The Xibelani Dance
In our recent article, we discussed the challenges of safeguarding traditional cultural expressions within conventional intellectual property regimes. We now [...]
The Financial Services Tribunal’s position on the withholding of a pension benefit pursuant to a criminal complaint
In this article we will discuss the extent to which employers may withhold a pension benefit if such employer has [...]