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Copycats beware, trade mark registration prevails
In January 2025 Thatchers Cider Company succeeded before the UK Court of Appeal ("CoA") against Aldi Stores Limited, the large multi-national discount retailer. The CoA concluded [...]
European Union: Partial Revocation for Big Mac
A registered trade mark is vulnerable to revocation or cancellation for non-use if it has not been used for the goods and/or services for which it [...]
A Fiesta of Sports and IP
Over the past month or so, the world has been spoilt for choice with fiesta of sporting events from WIMBLEDON to the UEFA EURO's. And [...]
Generative Artificial Intelligence, Intellectual Property and Policy
Generative Artificial Intelligence ("GenAI") is machine-learning based and which is trained using data from a wide range of sources, with GenAI tools being able to create [...]
Online brand protection practices for brand owners
Online shopping is prevalent due to the ease and convenience with which consumers can purchase goods or services. Consumer decisions to purchase branded goods or services [...]
Zambia introduces welcomed revisions in the Trade Marks Bill 2023
Zambia's Trade Mark Legislation is currently the Trade Marks Act (Chapter 401) 1958 ("TM Act") and in 2023 the Trade Marks Bill 2023 ("TM Bill 2023") [...]
Amazon Brand Registry Registration
With Amazon hitting South African shores in 2024, South African vendors can register their products ahead of time. Vendors can also register their brands with Amazon [...]
South Africa: Recognition and Protection of Karoo Lamb as a Geographical Indication
South African Geographical Indication's ("GI") include Rooibos (Western Cape), Honeybush (Eastern Cape and Western Cape), and several wine GIs including Stellenbosch, Constantia and Paarl, which are [...]
The painted homes of the Ndebele People
To conclude our series on #Heritage Matters, we look at another example of the Traditional Cultural Expressions found in South Africa. The Ndebele people are primarily [...]
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 explore one of these incredible expressions [...]
OpenAI vs Open AI
OpenAI Inc ("OpenAI"), the originator of ChatGPT, has launched trade mark infringement and unfair competition proceedings in the USA against Open Artificial Intelligence Inc. and Guy [...]
Heritage Matters: Celebrating Heritage Month 2023
In this Heritage Month, as we celebrate the richness of Traditional Knowledge (TK) and Traditional Cultural Expressions (TCEs), we also recognise the ongoing efforts to [...]
NFTs and Trade Mark Infringement – Hermès International and Hermès of Paris, Inc vs Mason Rothschild
A US Court has found in favour of French Fashion House, Hermès, owner of the renowned Birkin handbag, in it's case filed in 2022 against an [...]
Contractors, copyright and computer programs – what should business owners know?
by Danelle Plaatjies, and, Monique le Roux, Candidate Attorneys. Reviewed by, Jacques van Wyk, Director and Janine Hollesen, Head of Intellectual Property A common misconception about [...]
UPDATE | Important Notice for Kenya Imports (Recordation)
Mandatory Recordation of Intellectual Property Rights as of 1 July 2022 "deadline extended to 1 January 2023" Kenya's Anti-Counterfeit (Recordation) Regulations 2021 requires Intellectual Property rights [...]
Important notice for Kenya imports
Intellectual Property rights ("IPR") owners who import goods into Kenya Mandatory recordation of Intellectual Property Rights as of 1 July 2022 by Donvay Wegierski, Director, and [...]
Kenya introduces Anti-Counterfeiting (Recordation) Regulations, 2021
Kenya's Anti-Counterfeit (Recordation) Regulations 2021 Kenya's Anti-Counterfeit (Recordation) Regulations 2021 requires Intellectual Property rights ("IPR") owners who import goods into Kenya to record their IPR with [...]
China: Opportunities and opportunist
China implemented anti-dumping duties on Australian wines Media reports that China recently implemented anti-dumping duties on Australian wines introducing import tariffs of anywhere from 100% - [...]
Well-known trade marks recognised in Tanzania
By Donvay Wegierski, Director On 4 February 2021 judgement was handed down by the High Court of Tanzania, Dar Es Salaam, against JP Decaux Tanzania Limited [...]
The European Union Trade Mark and the UK after Brexit
By Donvay Wegierski, Director On the 31 December 2020, the Brexit Transition period ended and the UK separated from the European Union. After Brexit, with the [...]
Like clockwork – the inclusion of descriptive words in trade marks SWATCH Vs IWATCH
By Janine Hollesen, Director; and Dannielle Fiff, Candidate Attorney In the case of Swatch AG (Swatch SA) v Apple Inc. 2021JDR 0095 (SCA), the Supreme Court [...]
Another giant trade mark defeat in China – and this time it is FACEBOOK
by Donvay Wegierski, Director After a fourteen-year trade mark battle between Zuckerberg, the CEO of Facebook, and an individual Dr.Su, Chinese trade mark registration numbers 14108731 [...]
BOOKING.COM and public perception
by Donvay Wegierski, Director The United States Supreme Court of Appeal has held that the US trade mark applications pending for booking.com are not generic and [...]
Discovery vs Liberty – When is use of a trade mark an infringement?
by Janine Hollesen, Director Various Discovery companies took Liberty Group Limited (“Liberty”) to court over Liberty’s use of Discovery’s VITALITY and DISCOVERY registered trade marks in [...]
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 [...]
