December 11, 2015

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

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 […]
December 11, 2015

Recent Practice note update regarding logo and non-traditional marks

Just to let trade mark applicants know, the Trade Marks Office has, in a recent Practice Note, issued a restriction on the size of files (bytes) […]
December 11, 2015

Trade Marks: the prosecution process (obtaining a trade mark registration) in brief

I’d like to briefly discuss the prosecution process from search to registration of a trade mark, so that clients know what they are in for when […]
November 27, 2015

Get out your 80s leather for this one – Presidential candidate in hot water for copyright infringement of 80s megahit

We all know one of the most famous songs of the 80s, ‘Eye of the Tiger’, by Boston. The owners of copyright in this track, Rude […]
November 5, 2015

Cubed cameras and design rights – Seeing through the Go Pro/Polaroid lens

On Tuesday, 3 November 2015, Polaroid’s manufacturing company, C & A Marketing filed papers against GoPro in a law suit covering a design patent that it […]
October 14, 2015

Happy birthday to all of us!: rights in “Happy Birthday” song decided in the USA

Happy birthday to all of us! It was my birthday on 14 September and along with my usual gifts, I was awaiting a USA judgment on […]
October 14, 2015

Creator of the song “Santa Claus is comin’ to town”‘s heirs win historic victory

While we all “sort of” wind down for the December holidays, the Christmas songs that fill those who love them with so much cheer, will be […]
October 14, 2015

IMPRA accredited as “representative collecting society”

It has come to my attention that the Companies and Intellectual Property Commission (CIPC) has issued notice GN680 (GG39066-7-8-2015, dated 15 July 2015) in which it […]
September 28, 2015

Patents: Affirmation that lack of novelty need not be counterclaimed in order to be used

In a recent judgment by the Supreme Court of Appeal (SCA) in Strix Limited v Nu-World Industries (20453/2014) [2015] ZASCA 126 (22 September 2015) 1 very […]