DOMAIN NAMES AND PASSING OFF

Disputes regarding co.za names are generally handled outside of the courts using the specific Alternative Dispute Resolution (ADR) regulations that exist. Before these regulations were implemented, the thinking was that the best way of handling disputes of this nature was … Read More

AN UNUSUAL NON-USE CASE

Trade mark non-use cases come up a lot. If a trade mark hasn’t been used for the goods or services covered by the registration for a continuous period of five years or more, the registration can be cancelled by a … Read More

SPAR’S USE OF “PJ POWERS”

Spar recently released an alcohol advertisement for their Tops Liquor Store, wherein they stated: “Grab a drink and show off those PJ POWERS”. Spar received numerous complaints about the use of “PJ POWERS” in conjunction with the alcohol advertisement. PJ … Read More

THE PRIOR USE DEFENCE

The prior use defence doesn’t come up often. It’s an unwieldy defence that goes like this: you’re not guilty of infringing a registered trade mark if you (or your predecessor in title) started using your trade mark before the registered … Read More

KARDASHIANS SEEK PROTECTION

Love them or hate them, the Kardashians are a worldwide known brand name. The youngest in the family, Kylie and Kendall, have recently lodged a number of trade mark applications in the USA to legally protect their name. The two … Read More

EBAY vs RENTBAY

In the recent Gauteng case of TPN Group (Pty) Ltd v EBay Inc (16 March 2015) Judge Louw held that there was no likelihood of confusion between the marks EBay and Rentbay for the same or similar services in classes … Read More

PROTECTING TREVOR NOAH

Trevor Noah has recently been appointed as the new host of The Daily Show on Comedy Central. The Daily Show is a late night talk and news satire television program which airs Monday to Thursday and premiered in 1996. The … Read More

THE ASA SEES THE LITE

The Advertising Standards Authority (ASA) handed down an interesting decision recently in the case of South African Breweries Ltd v Brandhouse Beverages (Pty) Ltd. Interesting because it’s a rare example of the ASA acknowledging that colour can play a trade … Read More

Phishing Scam Alert

Moore Attorneys would like to caution businesses and individuals that Phishing Scams are rapidly increasing. Please be vigilant, ensure that all correspondence is received from an e-mail address ending with @mooreattorneys.com and report any suspicious activity to us at mail@mooreattorneys.com.