Legal Articles and Guides
'Self-serving' butter case struck from roll
The battle for the word ‘butter’ came under the spotlight in the Gauteng High Court (Pretoria) when Clover took on Stork about the its latest ‘butter spread’.
Europe recognises SA Rooibos as 'protected'
In a first for African food, Rooibos, which is grown in the Cederberg mountains, has received the international protection designation from the European Commission.
Software developer sets sights on record payout
Software developer Neil Harvey is confident that after a 14-year battle over what he describes as ‘rampant copyright theft’, a judge could order Medscheme, owned by the JSE-listed AfroCentric, to pay a huge R370m, plus interest.
'Please call me' dispute ignores IP issues
A highly-contested and expensive case between Nkosana Makate and Vodacom has resulted in bad precedence in the field of company law on the issue of ostensible authority.
Nivea case highlights subjectivity of judgments
When Koni Multinational Brands launched Connie Men Active Shower Gel, a product in competition with Nivea Men’s established brand and which featured an arguably similar get-up – Nivea’s parent company Beiersdorf AG sued for ‘passing off’.
Prominent attorney sought to mislead judges
A senior partner at a leading SA law firm has scored a victory for Nivea in its battle with actress Connie Ferguson's beauty products company, but Gérard du Plessis faces a fight of his own after the SCA reported him to the Legal Practice Council for allegedly attempting to mislead five judges.
David and Goliath at the honey pot...
A tiny KZN honey enterprise is in a battle with corporate giant Food Lover’s Market (FLM) over it trademark, Nature’s Gold.
Berry industry in row over trading rights
The blueberry industry could be at risk because of an intellectual property dispute, according to the South African berry producers’ association, Berries ZA.
SCA scotches bid to pass off vodka as whisky
The SCA has interdicted a company from selling two products which purport to be whisky. It also restrained the company from representing the products as being whisky or whisky-flavoured when they were not, and as having an alcohol content of 43% or higher when they did not.
What is and what's not patentable
In response to the scramble to find a cure and be the first to own patent rights to a vaccine against the coronavirus, the question arises whether current and future research in the fight against Covid-19 is even patentable.
Liberty wins Vitality battle with Discovery
The High Court has dismissed a case from insurer Discovery against rival Liberty, who it had argued was infringing on its trademarks and competing unlawfully, Liberty said yesterday.
Fashionista wins restraint of trade battle
A Durban fashionista caught in an employment battle between two trendy retail giants walked out of court victorious last week, according to a Sunday Tribune report.
Part mark filing can help enforcement
Copycat products imported into SA often replicate well-known brands. In such cases, questions arise over whether the owner of the legitimate well-known brand can sue based on SA's counterfeit laws, trademark infringement, a type of unlawful competition known as passing off, or copyright infringement.
Street vendor stands firm against Unilever
Unilever SA has written to an Alexandra township street vendor who posted a video on social media accusing it of stealing his intellectual property, says a Daily Dispatch Weekend Edition report.
Copyright Bill may cost SA R12bn in US exports
About R12bn of SA’s exports could lose preferential access to US markets if a lobby group convinces the Donald Trump administration to withdraw SA’s trade status should the contentious Copyright Amendment Bill be passed into law in its current form, notes a Business Day report.
