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Please Call Me battle heading back to ConCourt

Telecommunications giant Vodacom is still prepared to negotiate with Please Call Me inventor Nkosana Makate on whether to compensate him a share of revenue that the service has generated. This, notes a Moneyweb report, emerged from Vodacom’s affidavit filed this week in response to Makate’s latest application at the Constitutional Court, which seeks clarity on last year's groundbreaking order that compelled the company to enter into in good faith compensation negotiations with him.

SCA's precedent-setting ruling on generic term

By Juta and Company (Pty) Ltd Published on Friday, 20 January 2017
Intellectual Property Law Litigation
Ackermans was recently successful in what Werksmans Attorneys’ Janine Hollesen calls a precedent-setting trademark dispute with Truworths (Pepkor Retail (Pty) Ltd v Truworths Ltd) which was heard by the SCA. In an analysis in The Star, Hollesen notes that the trademark at the centre of the dispute was ‘The Look’.

SA company ordered to stop using fake logo

SA company Trio End Street has been interdicted from using a fake BMW logo on its car rims and wheels, and thus infringing on the trade mark of the German company, says a report in The Star. The mother company of BMW SA – BMW AG – holds the trade mark to the logo. However, it emerged that Trio End Street, trading as Golden West Tyres & Wheels, was using the logo on its rims.

Media24 copyright appeal fails in Supreme Court of Appeal

By Juta and Company (Pty) Ltd Published on Wednesday, 21 September 2016
Copyright Law Intellectual Property Law Litigation
Media24 Books appeal to the SCA after the Western Cape High Court threw out its copyright action against Oxford University Press‚ which it claimed had copied its English-Afrikaans children’s dictionary, was dismissed with costs by Judge Malcolm Wallis‚ sitting with four other judges. A TimesLIVE report says the case – thought to be only the second dictionary copyright row to have come to court anywhere in the world – had its roots in 2011‚ when Media24 started work on a new Aanleerderswoordeboek.

SCA dismisses Yuppiechef trademark appeal

The Supreme Court of Appeal has dismissed an appeal by Yuppiechef Holdings that another online company‚ Yuppie Gadgets‚ infringed Yuppiechef’s trademark, says a BDlive report. The trouble started when Urban Gadgets decided in 2011 to change its name to Yuppie Gadgets‚ prompting Yuppiechef to launch its application.

SABC wins copyright battle over documentary

By Juta and Company (Pty) Ltd Published on Tuesday, 06 September 2016
Intellectual Property Law Litigation Media Law
The Gauteng High Court (Johannesburg) has issued a final interdict against veteran documentary producer Sylvia Vollenhoven in terms of which she may not distribute or broadcast the documentary Project Spear, commissioned by the public broadcaster, notes a Pretoria News report. The SABC was due to broadcast the documentary in September 2012, but gave various reasons for not doing so, including that it would open the broadcaster to defamation claims as there were allegations that could not be substantiated.

Best way to catch counterfeit kingpins

While many brand-holders adopt an aggressive approach and pursue criminal action against so-called counterfeiters under the Counterfeit Goods Act, the Criminal Procedure Act provides very useful procedural tools with which to flush out counterfeit kingpins – ironically with the assistance of their own partners in crime, says Adams & Adams Attorneys’ Jan-Harm Swanepoel, in an analysis in Business Day.


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