Legal Articles and Guides
SCA dismisses cigarette trademark dispute
It was not all smooth sailing for a cigarette manufacturer when it tried to convince some of the country’s top judges that the words Pacific and Atlantic were actually the same thing.
ConCourt to rule on copyright exemption for blind
In a watershed case to be heard in the Constitutional Court on 12 May, Blind SA and Section27 will highlight the unconstitutionality of the Copyright Act of 1978 for limiting access to books for persons who are blind or visually-impaired.
Businessman fined for selling counterfeit VW goods
A company in Gqeberha that sold counterfeit Volkswagen goods was convicted and fined R17 000 by an Eastern Cape court this week.
SCA upholds advertising body’s rights
The SCA has upheld the authority of the Advertising Regulatory Board (ARB) to adjudicate on complaints by members that are also binding on non-members.
Chicken Licken’s infringement case dismissed
The Western Cape High Court has dismissed an application by Golden Fried Chicken (Pty) Ltd – the owners of Chicken Licken – who alleged trademark infringements in relation to the word ‘soul’, against a Plettenberg Bay restaurant formerly trading as ‘East Coast Soul Kitchen’.
Concern over new Films and Publications Amendment Act
Online content producers are up in arms about the new Films and Publications Amendment Act (FPAA), with AfriForum warning that it is 'patently illogical, unlawful and irregular'.
The start-up starter-pack
You are tired of the nine-to-five, but you have a great business idea. You decide that you are resigning first thing Monday morning to spend the next month getting your ducks in a row to start your cash cow, but you have no idea where to start? That is where most people start. If you do not know where to begin, read this post.
Firms in battle over IP for armoured vehicle
Two local arms manufacturers are locked in a court battle over a dispute about the ownership of the intellectual property (IP) of an armoured military vehicle.
Court action planned to bar use of Bok emblem
An Eastern Cape man is seeking to have the courts bar the use of the Springbok emblem, arguing it is an illegal and gratuitous display of an apartheid symbol.
'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.
