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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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Trade Marks – the certificate doesn’t signify the end of the process

May 3, 2015

So, you’ve filed your trade mark application; the Registrar has examined and approved your trade mark; you’ve advertised your trade mark and within the three-month window period, no-one has opposed your trade mark and you’ve obtained your certificate of registration- what then? Many trade mark owners believe that once they have prosecuted their trade mark to […]

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GOOGLE ADWORDS – AN EVEN CLEARER PICTURE

February 23, 2015

BACKGROUND AND INTRODUCTION   On 29 October 2014, the Gauteng Local Division, Johannesburg handed down its judgment in the case of Cochrane Steel Products (Pty) Ltd v M-Systems Group (Pty) Ltd and Another (Case number 39605/13). Essentially this case dealt with the bidding on keywords (relative to Google advertising) which are the trade mark of […]

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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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