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
Shareholders stuck between a rock and a hard place
Companies Act 71 of 2008 Brief overview of Section 163 Introduction There are instances where the Companies Act 71 of [...]
Who appoints the substitute BRP? A look into the meaning of Section 139(3) of the Companies Act
Section 139(3) of the Companies Act Who has the power to appoint a business rescue practitioner's replacement, in circumstances where [...]
The metaverse and data privacy: Will regulation keep up?
What is the metaverse? On 28 October 2021, Facebook Inc.'s chief executive officer Mark Zuckerberg announced the rebranding of his [...]
The PAIA and POPIA dichotomy: What information are you requesting?
Promotion of Access to Information Act, 2 of 2000 We have received numerous queries from clients seeking advice on attending [...]
Security for costs – A White Elephant? A Chimera? Pie in the sky? …On any basis a Herculean task
Security for costs In the recent case of McHugh N.O. & Others v Wright [5641/2021) [2021] ZAWCHC 205 (19 October [...]
Merger approval without a specific acquiring or target firm
Merger approval The Competition Act 89 of 1998 ("Competition Act") and Commission Rules[1] contain review provisions that establish a mandatory [...]
