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IP MATTERS NOW FALL UNDER NEW COMMERCIAL COURTS

February 18, 2019

Under the Commercial Court Practice Directive, intellectual property matters fall under the jurisdiction of the new Commercial Court as of October 2018. The Commercial Court, administered as part of the Pretoria and Johannesburg High Courts, aim to promote efficient High Court litigation and to resolve disputes quickly, cheaply, fairly and with legal acuteness. It was established […]

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Protect your baby. Ubuntu Baba vs Woolworths

February 18, 2019

Small business owner and local entrepreneur Shannon McLaughlin recently accused retailer Woolworths of copying the design and trading names of her Ubuntu Baba baby carrier. She asserted that Woolworths had replicas made in China, which it then sold at a significantly lower price. This, she said, threatened her business as a going concern. A month […]

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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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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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