Archive | Commercial law

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One important thing to think of when adopting a company/trading/domain name

September 5, 2018

Recently, I had a client come in and he had received a letter of demand from a totally unrelated company (“claimant”) (represented by a large law firm in Sandton), which was claiming trade mark infringement, passing off, abusive domain name registration, unlawful company registration against his company name and domain names, which wholly incorporated the […]

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Variation of agreements by email – no Spring in the court’s step

July 21, 2015

INTRODUCTION AND BACKGROUND Forum 1 and 2 Panorama Office Estate (Pty) Ltd v Indigold Cellular CC and Others (72355/09) 2015 ZAGGP (10 July 2015) dealt with, to some extent, the same issues that were dealt with by the Supreme Court of Appeal in Spring Forest Trading v Wilberry (725/13) 2014 ZASCA 178 (21 November 2014)  […]

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CONTRACT LAW: NON-VARIATION CLAUSES – MEETING MODERN BUSINESS PRACTICES

January 26, 2015

Spring Forest Trading v Wilberry (725/13) 2014 ZASCA 178 (21 November 2014)   Importance of this case   The case fortifies how emails and simple electronic signatures at the bottom of such emails can constitute an amendment or cancellation of an agreement – effectively bringing contract law (particularly in relation to non-variation clauses) in line […]

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