Legal updates and opinions
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COVID-19 and online precautions for brand owners
by Donvay Wegierski, Director As the world heeds the call to stay at home and flatten the curve our online activity has increased. With it, we [...]
Specifications and bad faith – The CJEU Skykick ruling
by Donvay Wegierski, Director As trade marks are classified in classes according to the relevant goods and/or services, trade mark applications are often filed with class [...]
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 [...]
Corporate Social Responsibility embraces Humanity as SA works to flatten the curve – but beware scammers
By Donvay Wegierski, Director Many companies have long engaged in Corporate Social Responsibility (CSR) programmes involving sustainability, ethics and social impact that aim to give back [...]
COVID-19 and IP offices
by Donvay Wegierski, Director and Janine Hollesen, Director The pandemic has changed the way in which many of us are working which also applies to the [...]
South Africa: Closure of the trade marks, designs and patents office during national lock-down
by Janine Hollesen, Director and Donvay Wegierski, Director South Africa is currently in a 21 day national lockdown to combat the spread of COVID-19, scheduled to [...]
Goal or yellow card – Inter Miami vs Inter Milan
By Donvay Wegierski, Director At the time of writing, events worldwide are being cancelled or postponed in an effort to reduce the Covid-19 pandemic. A new [...]
A horse by the same name?
By Janine Hollesen, Director The High Court in Pretoria has recently ordered the cancellation of numerous trade mark registrations for POLO and logos which include a [...]
ROYAL IP
By Donvay Wegierski, Director Prince Harry and Meghan Markle have announced that they are stepping down as "senior royals". This revelation means that the Duke and [...]
BRAND OWNERS: ARE YOU BREXIT READY?
By Donvay Wegierski, Director The initial Brexit date of 29 March 2019 was re-scheduled to 31 October 2019 – deal or no deal. The UK remains [...]
B= BREXIT – ADVICE TO BRAND OWNERS
By Donvay Wegierski, Director The initial Brexit date of 29 March 2019 was re-scheduled to 31 October 2019 – deal or no deal. Our advice to [...]
CANCELLED OR PARTIALLY CANCELLED TRADE MARKS – SOME TAKE AWAYS
By Donvay Wegierski, Director The European Union's Trade Mark office (EUIPO) has this year cancelled McDonald's European Union Trade Mark registrations for BIG MAC and partially [...]
BANKSY AND GROSS DOMESTIC PRODUCT
By Janine Hollesen, Director We have written about the risks of not using a trade mark which could lead to the mark being removed from the [...]
CANNABIS REMAINS ABUZZ
By Donvay Wegierski, Director An adult may possess and use cannabis in private for personal consumption in South Africa. This is according to the South African [...]
The Case Of Copy-cat Packaging
By Janine Hollesen, Director, Head of Intellectual Property Practice Not only must a manufacturer of products consider whether the packaging would constitute trade mark or copyright [...]
SUPERMAC VS MCDONALDS – THE TRADE MARK BATTLE CONTINUES
By Donvay Wegierski, Director The European Union Intellectual Property Office (EUIPO) has partially cancelled McDonald's EU trade mark registration for MC. Favouring the non-use application brought [...]
The Case Of Non-traditional Trade Marks – Can The Soles Of Shoes Be Protected As Trade Marks?
By Janine Hollesen, Head of Intellectual Property Practice The answer to this question is yes according to the KwaZulu-Natal High Court in a recent case, where [...]
When Kimono Became Kimohno! – Don’t Be Caught Off Guard When Choosing Your Trade Mark
By Janine Hollesen, Director Recently the reality star, Kim Kardashian, was caught in the cross-hairs of a trade mark storm after choosing the trade mark KIMONO [...]
Amendments To China’s Trade Mark Laws
By Donvay Wegierski, Director In April 2019 it was announced that certain Amendments to China's Trade Mark law will come into effect on 1 November 2019 [...]
European Union: Adidas Ruling
By Donvay Wegierski, Director The General court of the European Union recently upheld a 2016 ruling by the EU regulator thereby cancelling Adidas EU trade mark [...]
Fortnite, Wimbeldon And Tour De France
By Donvay Wegierski, Director Fanatic or not we will all be familiar with the above, each comprising sport in its own shape and form. Interestingly though [...]
IP & LEGACY
By Donvay Wegierski, Director NELSON MANDELA INTERNATIONAL DAY 18 July is Nelson Mandela International Day in remembrance and in honour of Nelson Mandela, celebrated each [...]
Trade Marks: Changes to the canadian trade marks act
By Donvay Wegierski, Director On 17 June 2019, the Canadian Trade Marks Act will be introducing several changes pursuant to it joining the Madrid Protocol, most [...]
United Kingdom – game of thrones vs game of vapes
The UK Intellectual Propety Office ("UKIPO") has dismissed Home Box Office ("HBO") trade mark opposition filed against the registration of GAME OF VAPES in class 34 [...]
South African copyright bill vs European Union copyright directive – poles apart
Much has been written of late about the South African Copyright Bill which has attracted a significant amount of criticism from various quarters as being opposed [...]