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YOU CAN DO ANYTHING, BUT DON’T STEP ON MY RED-SOLEDSHOES!

August 5, 2017

Christian Louboutin, Christian Louboutin SAS v Van Haren Schoenen BV (Case C-163/16), opinion delivered by the Advocate General, Maciej Szpunar on 22 June 2017  A recent opinion by the Advocate General (“AG”) in the Court of Justice for the EU (“CJEU”) has highlighted fascinating trademark issues pertaining to the relationship between colour and shape Since 1992, […]

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WHAT’S TRADEMARK GENERICIDE? GOOGLE IT.

July 5, 2017

Is the Google trade mark unprotectable? Ever said, “I googled it” or “Check Google”? The verb ‘to google’, meaning to ‘look up or search online or on the internet’ – on Google itself, or elsewhere, using other search engines – has become widespread in our daily lexicon. But has this rendered the GOOGLE trademark unprotectable? […]

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‘Grey Goods’: Not a black and white issue in SA law

April 5, 2017

‘Grey goods’. There’s even a stigma around the phrase, with many people believing that grey goods are always counterfeit and illegal to purchase. But, depending on the circumstances under which the goods were purchased, they may not be fakes at all. Defining grey goods Let’s begin with a definition of grey goods. Considered to be […]

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Can you register a trade mark for the smell of a hamburger?

March 15, 2017

The registrability of “non-traditional” trade marks Trade marks are badges of origin, showing consumers a link between the goods being sold and/or services being provided and their owners. In South African law, trade marks can be separated into two distinct categories: “traditional” and “non-traditional”. This article looks at how the latter can be protected. First, […]

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Third Man Records will be opening modern vinyl pressing plant

January 23, 2017

In an article written by Daniel Adrian Sanchez for Digital Music News (http://www.digitalmusicnews.com/2017/01/20/jack-white-third-man-records-vinyl-press/), it appears that indeed vinyl is making a huge comeback; at least Jack White, formally of the White Stripes, is betting on. The Vinyl industry has seen 2017 sales hit US$800-900 million – not bad for what was a dying medium not […]

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Finally, we can all eat of the “Happy birthday” cake

December 11, 2015

You may recall my article on the “Happy Birthday” song and its related law suit in the United States: http://www.rmtucker.co.za/happy-birthday-to-all-of-us-rights-in-happy-birthday-song-decided-in-the-usa/ It appears that as of 9 December 2015 (or there abouts), the law suit seems to have been settled. The settlement may have been prompted by the judgment I refer to in my article above, wherein […]

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