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
Exploring the right to privacy
Where does the right to privacy begin? Where does it end? Consider this in the context of a recent [...]
But first, there is a duty to exhaust internal remedies!
Before an aggrieved requester can approach a court for appropriate relief, following a decision of refusal for access to [...]
One database for all your identification information? Privacy considerations
The Department of Home Affairs (Home Affairs) recently published the Draft National Identification and Registration Bill (Draft Bill). The [...]
AI and protection of data in the mining industry
and Chiara Ferri, Candidate Attorney The mining industry in South Africa has embraced to digital transformation. Machine Learning, Big [...]
Think before issuing instructions to employees
In Association of Mineworkers and Construction workers Union obo Mkhonto & others [13 February 2023], the employees were charged [...]
Is a municipal by-law prohibiting transfer of property without a “SPLUMA Certificate” constitutional and valid?
In an unreported case[1] of the High Court of South Africa, Mpumalanga Division, Middelburg ("Court"), a number of owners [...]