Region: South Africa

Shoprite Checkers v Pick 'n Pay: a whole herd of horses from the same stable?

This decision of the Western Cape High Court is noteworthy in that it deals with passing off in respect of an entire range of products, rather than a single product-to-product comparison.

06 December 2023

Amazon to launch in South Africa; INTA Leadership Meeting keynotes; Next acquires Fatface – news digest

In our latest round-up, we look at Rolex topping the list of seized counterfeit watches in South Korea, police issuing a warning over a fake Wilko website, and much more.

17 October 2023

Determining the ‘crax’ of the matter: an application of Section 10(17) in opposition proceedings

This Supreme Court of Appeal’s judgment clarifies that Section 10(17) of the Trademarks Act is not limited to cases involving dissimilar goods or services.

10 October 2023

South Africa: Targeted law is already scoring big wins against domestic fakes

Featured in Anti-counterfeiting and Online Brand Enforcement: Global Guide 2023

The Counterfeit Goods Act is a crucial new weapon in the battle against homegrown infringement, setting out the procedures and penalties needed to take on counterfeiters.

29 September 2023

Supreme Court of Appeal strongly criticises High Court decision in ‘iCollege’ dispute

The ruling highlights the importance of a thorough and holistic assessment of trademarks in infringement cases.

28 July 2023

Supreme Court of Appeal rules on effect of disclaimers and admissions

This is a rare example of a judgment tackling the issue of the effect of an endorsement, such as a disclaimer or an admission.

09 August 2022

South Africa raises counterfeit alert; Tesco and Lidl logo clash; IPOPHL celebrates 25 years – news digest

In our latest round-up, we look at Italy stepping up the fight against food fakes, 50% of consumers holding brands responsible for counterfeiting, and much more.

14 June 2022

South African courts ponder SOUL

Can a company monopolise the word ‘soul’ for foodstuffs and restaurant services? This question has been debated at length in South Africa, thanks to the efforts of Golden Fried Chicken (Pty) Ltd, the owner of the registered trademarks SOUL and SOUL KITCHEN.

19 April 2022

South Africa: shared borders and transshipments make it challenging to halt the flow of fakes

Featured in Anti-counterfeiting and Online Brand Enforcement: Global Guide 2022

To ensure that rights holders take full advantage of the anti-counterfeiting programmes in South Africa, it is essential that they develop relationships with local law enforcement agencies such as the police and Customs.

15 April 2022

Moving the goalposts: the attachment of trademarks to found jurisdiction

The football and legal words recently met for a clash of the titans in an appeal heard by South Africa’s Supreme Court of Appeal.

17 December 2021

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