WORLD TRADEMARK REVIEW - AFRICAN STRATEGIES AND DEVELOPMENTS
The African continent is the second most populous in the world and thus a significant potential market. Recent developments mean that trademark owners should make plans both to develop their brands presence and to protect their rights in Africa.
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21 November 2008
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WORLD TRADEMARK REVIEW
The African continent is the second most populous in
the world and thus a significant potential market.
Recent developments mean that trademark owners
should make plans both to develop their brands
presence and to protect their rights in Africa
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21 November 2008
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NEW FINDING ON DOMAIN NAME PARKING GOOD NEWS FOR BRAND OWNERS - BY DARREN OLIVIER & STEPHANIE JEAREY
Good news for brand owners is the recent finding that domain name parking can, in certain circumstances, be construed as an abusive registration.
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30 October 2008
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SOME TRADE MARK ASPECTS OF THE CONSUMER PROTECTION BILL BY WIM ALBERTS
If the proposed Consumer Protection Bill is enacted into law, it will set up an extensive administrative structure for the protection of consumers, with numerous provisions dealing with the obligations that businesses have, and, conversely, actions that they may not take. One of the obligations that will apply is that businesses providing goods or services to consumers, to be registered (section 79(1)).
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07 August 2008
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APPLICATION FOR CONFIRMATION OF SEIZURE MUST BE SERVED WITHIN 10 DAYS - DARREN OLIVIER & MSAWENKOSI GAXO
In Minister of Trade and Industry v EL Enterprises (15383/2005 [2008] ZAGPHC 130, May 6 2008), the Transvaal Provincial Division of the High Court has set aside an application for confirmation of a seizure conducted on behalf of Unilever PLC on the grounds that the Department of Trade and Industry had failed to serve the application papers (for confirmation of the seizure) on the respondents within the statutory 10-day period after seizing certain goods without a warrant. The decision is useful in that it clarifies that application papers must be issued and served within the statutory period after the seizure, and not just issued.
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04 June 2008
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PICK & PAY IS CROCKED BY CROCS - DARREN OLIVIER & MSAWENKOSI GAXO
In Pick 'n Pay Retailers (Pty) Ltd v Commissioner of South African Revenue Services (Case 13354/2007 [2008] ZAWCHC 24, May 6 2008), the High Court of South Africa has refused to set aside a warrant for the seizure of 19,524 pairs of Crocs beach sandals imported into South Africa from China by Pick n Pay Retailers (Pty) Ltd. The case concerned the procedural and substantive correctness of the detention (in terms of the Customs and Excise Act (91/1964)) and seizure (in terms of the Counterfeit Goods Act (37/1997)) of the shoes.
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04 June 2008
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AFRICA: A TRADEMARK RISK NOT WORTH IGNORING – DARREN OLIVIER
Trademark owners should make plans both to develop their brands’ presence and to protect their rights in (and from) Africa.
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06 May 2008
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THE RELEVANCE OF PRIOR TRADE MARK USE IN SOUTH AFRICAN COMMON LAW - WIM ALBERTS
The nature of the right protected by the law relating to unlawful competition is the right to goodwill, although the right to a trade secret can also feature.
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09 April 2008
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WHERE ADVERTISING PUFFERY BEGINS AND ENDS – WIM ALBERTS
A recent court judgement sheds some light on the contentious issue of product puffery.
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25 January 2008
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SOCCER WORLD CUP: FIFA PROHIBITIONS - WIM ALBERTS
The final FIFA prohibitions are attached hereto.
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16 January 2008
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