Region: South Africa

High Court: for purposes of passing off, one must compare "whole get-up" of products

In <em>Crabtree Electrical v Lesco Manufacturing</em>, South Africa’s High Court has found that there could be no passing off when one considered the "whole get-up" used by the parties when marketing their products.

21 May 2018

Supreme Court of Appeal: "one cannot monopolise the commons of the English language"

The Supreme Court of Appeal found no likelihood of confusion between PEPPAMATES and PEPPADEW, highlighting the consequences of adopting a descriptive mark through the use of a phonetic equivalent.

16 May 2018

Counterfeiting in Africa: part two of an A-Z guide

In part two of our A-Z guide to the anti-counterfeiting framework across Africa, we look at problems and solutions from Nigeria to Zambia.

11 May 2018

Trump, Brexit and Korean reunification: the political issues weighing on the minds of trademark practitioners

​​​​​​​Research from <em>World Trademark Review</em> reveals the political issues that counsel say could significantly impact enforcement efforts, both now and in the future.

07 April 2018

Supreme Court of Appeal's CLEARVU decision: a clearer view of disclaimers and admissions?

In <em>Cochrane Steel v M-Systems</em>, which concerned the trademark CLEARVU, the Supreme Court of Appeal has considered the effect of disclaimers and admissions in South African trademark law.

14 February 2018

Amendments to the ‘.za’ Alternative Dispute Resolution Regulations

The Department of Telecommunications and Postal Services has made significant amendments to the ‘.za’ Alternative Dispute Resolution Regulations, including a mandatory informal mediation service to be run by the ‘.za’ domain name authority.

03 January 2018

Does the ASA have jurisdiction over non-members?

The recent Supreme Court of Appeal judgment in <i>The Advertising Standards Authority v Herbex (Pty) Ltd</i> has clarified the jurisdiction of the Advertising Standards Authority (ASA) of South Africa and confirmed that it may issue rulings regarding advertising by non-members. It is hoped that the ruling will enable the ASA to overcome any financial distress and continue to fulfil its regulatory function.

10 November 2017

A TWIST in the tale of landmark trademark dispute

South Africa’s Supreme Court of Appeal has handed down a landmark decision involving a trademark dispute between PepsiCo Inc and Atlantic Industries, a wholly-owned subsidiary of The Coca-Cola Company. 

10 October 2017

South Africa’s recently tabled Copyright Amendment Bill 2017

Amending the Copyright Act has long been on South Africa’s legal reform agenda and now, through the collective effort of stakeholders, a new Copyright Act is within reach.

11 July 2017

Notorious markets: where to police

In the second of a two-part series, we profile markets which were omitted from the Office of the US Trade Representative’s Notorious Markets List, but which brand owners should have on their radars. This issue, we turn our attention to Asia and Africa

01 July 2017

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