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
(Insurance) fraud unravels all: The SCA confirms that fraud can lead to the forfeiture of a partly valid and partly fraudulent claim when a policy says so
In Discovery Insure Limited v Masindi the SCA considered whether the entirety of an insurance claim should be forfeited [...]
When do arbitration awards prescribe?
When does an arbitration award prescribe? Does an award even attract its own period of prescription? The short answer [...]
The sword finally falls, ironically on justice itself | DoJ fine by Information Regulator
What is the price that one pays for not having antivirus software? R5 million according to the Information Regulator [...]
The settlement agreement concluded at the ILO has not changed the new Employment Equity interventions
In 2021, a complaint was filed with the International Labour Organisation (ILO) against the South African Government in relation [...]
Time to focus! Comments called for on the Electronic Communications Amendment Bill
and Chiara Ferri, Candidate Attorney The Electronic Communications Amendment Bill, 2022 (the Bill), has been published for comment and aims [...]
National Health Insurance: What benefit; for whom, where and how?
As has widely been reported in the media, the National Health Insurance Bill[1] or the Bill has been passed [...]