RED BULL TRADE MARK CASE

Red Bull has recently taken on another “bovine” in the form of an ox. A local brewery in Northern Virginia in the USA, the Old Ox Brewery, has received a letter of demand and is currently in litigation around the … Read More

THE KIT KAT CASE

The SCA decision in the case of Nestlé v Iffco is a big one. Here are the most important findings: • Nestlé’s 3D registrations for the shape of the Kit Kat bar were valid. They did not contravene the provision … Read More

EVOLYM v EVOLVE

On 1 December 2014 the Supreme Court of Appeal (SCA) handed down its judgement in the case of Yair Shimansky v Browns the Diamond Store. The issue was whether Shimansky – the owner of five jewellery stores and a registration … Read More

ROBERTSON WINES

The recent Supreme Court of Appeal (SCA) decision in the case of Roodezandt Ko-operatiewe Wynmakery Ltd v Robertson Winery (Pty) Ltd and the Registrar of Trade Marks isn’t ground-breaking, but there’s some interesting stuff in there. A company had a … Read More

ADWORDS

South Africa had its first AdWords decision recently. In the case of Cochrane v M-Systems, the issue was this: is it lawful for M-Systems– which competes with fencing company Cochrane, the owner of the big-selling ClearVu brand – to acquire … Read More

SPECSAVERS

The long-running European trade mark saga of Specsavers v Asda is of some interest to us in South Africa. It’s not necessary to go into the whole story, but what’s important is that Specsavers had a Community Trade Mark (European … Read More

COPYRIGHT AND VIDEO CLIPS

We recently received a query from a client about whether they can utilise a video clip of their CEO giving an interview to an international news agency in their marketing material. The interview was filmed at the offices of the … Read More

PINK VS PINK

Thomas Pink, a fashion label and store, started trading in London in 1984. The core of its business is the sale of shirts which are worn mostly by professional men. Thomas Pink has numerous trade mark registrations around the world … Read More