Legal updates and opinions
News / News
Royal IP continued
by Donvay Wegierski, Director
We have previously written about Prince Harry and Meghan Markle stepping down as “senior royals“. The Duke and Duchess of Sussex will be financially independent balancing their time between the United Kingdom and North America and are assuming their newly defined roles as agreed by the Royal Family. The terms of the Spring 2020 transition are now detailed on their website.
What remains is that the Royal Couple continue to receive extensive press coverage and with it, various legal matters have arisen, notwithstanding two issues concerning intellectual property (“IP”).
Copyright
Around the time of their wedding, Meghan Markle had addressed a private five-page letter to her father, Thomas Mark and certain extracts were published in the press. As a result, the Mail on Sunday is currently defending claims of copyright infringement, invasion of privacy and misuse of personal data in court proceedings brought by the Duchess.
What might, however, be considered a set-back to Meghan Markle’s case are the recent initial findings by a UK virtual court wherein certain of the allegations raised are regarded to be “irrelevant” to her claim for misuse of private information, copyright infringement and breach of the Data Protection Act. These include allegations that the Mail on Sunday had “stirred up” issues between Meghan and her father, and that it had an “agenda” of publishing intrusive or offensive stories about her. The view, however, remains that this judgment would make no difference to Meghan Markle’s claim for misuse of private information and, at the time of writing, it is expected that the matter will continue to run its course.
Trade marks
The Royal Couple had filed for the registration of the trade mark SUSSEX ROYAL for various products and ventures in the UK, Australia, Canada, the European Union and the USA in a wide range of classes from stationery to fundraising and social care services. At that time it was reported that brand SUSSEX ROYAL already had several million followers on Instagram and that the name had been applied to a wide range of products possibly generating an income of four hundred million sterling or more. Understandably too, these actions sparked many questions on whether the Duke and Duchess had the right to use and register trade marks comprising Sussex Royal.
The Spring 2020 transition brings with it some clarity. The Duke and Duchess of Sussex will instead establish a non-profit organisation to complement other existing global organisations and won’t be utilising the name Sussex Royal or any other iteration of Royal. As a consequence, those Sussex Royal trade marks filed are being removed.
Latest News
Cracking Down or Catching Up? South Africa’s Approach to Crypto Regulation: Part 1 – Payments
by Armand Swart, Director, Hilah Laskov, Director and Hlonelwa Lutuli, Associate Introduction Crypto assets (“crypto“) exist in a unique regulatory [...]
Employers must timeously take steps to deal with any allegations of sexual harassment raised with them, failing which they may be held liable
by Andre van Heerden, Director and Hannah Fowler, Candidate Attorney Introduction In Independent Municipal and Allied Trade Union obo S and [...]
Proposed Economic Opportunity Tax for Casino Operator Licensees in the Western Cape to relocate their casinos
by Wendy Rosenberg, Director and Head of Digital Media & Electronic Communications On 6 June 2025, the draft Western Cape [...]
When does an acquisition by a company of its own shares constitute a scheme of arrangement?
Understanding the relationship between Section 48 and Section 114 of the Companies Act in Light of the Companies Amendment Act, [...]
Are we seeing an end to the appointment of board members to act as CEOs of SOEs / Private Companies?
by Sandile July, Director and Head of Employment and Nonkosazana Nkosi, Director 1. The Labour Court has officially put a [...]
Alexkor Soc Limited and Another v Carstens (JA7/24) [2025] ZALAC 28 (15 May 2025)
by Bankey Sono, Director and Neo Sewela, Senior Associate 1. Does the Labour Court have the power to declare a [...]