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The Trade Mark Battle Fields
Thursday, August 11, 2011
A trade mark is often described as a mark capable of distinguishing one person’s goods or services from that of another, or more simply as a badge of origin for the goods or services its used in respect of. The Trade Marks Act provides the following definition of a trade mark:
“... means a mark used or proposed to be used by a person in relation to goods or services for the purpose of distinguishing the goods or services in relation to which the mark is used or proposed to be used from the same kind of goods or services connected in the course of trade with any other person”
APPLICATION FOR CONFIRMATION OF SEIZURE MUST BE SERVED WITHIN 10 DAYS - DARREN OLIVIER & MSAWENKOSI GAXO
Wednesday, June 04, 2008
In Minister of Trade and Industry v EL Enterprises (15383/2005 [2008] ZAGPHC 130, May 6 2008), the Transvaal Provincial Division of the High Court has set aside an application for confirmation of a seizure conducted on behalf of Unilever PLC on the grounds that the Department of Trade and Industry had failed to serve the application papers (for confirmation of the seizure) on the respondents within the statutory 10-day period after seizing certain goods without a warrant. The decision is useful in that it clarifies that application papers must be issued and served within the statutory period after the seizure, and not just issued.
PICK & PAY IS CROCKED BY CROCS - DARREN OLIVIER & MSAWENKOSI GAXO
Wednesday, June 04, 2008
In Pick 'n Pay Retailers (Pty) Ltd v Commissioner of South African Revenue Services (Case 13354/2007 [2008] ZAWCHC 24, May 6 2008), the High Court of South Africa has refused to set aside a warrant for the seizure of 19,524 pairs of Crocs beach sandals imported into South Africa from China by Pick n Pay Retailers (Pty) Ltd. The case concerned the procedural and substantive correctness of the detention (in terms of the Customs and Excise Act (91/1964)) and seizure (in terms of the Counterfeit Goods Act (37/1997)) of the shoes.
The final word on trade mark function
Monday, September 10, 2007
In a case dealing with the protection of the shape of a wine bottle, in which judgement was delivered last year, Bergkelder Bpk vs. Vredendal Koöp Wynmakery, the Supreme Court of Appeal (SCA) gave notice of a possible change in the legal position.
WHAT DEFINES A GOOD BRAND NAME? - LINDA MTSHALI
Friday, March 31, 2006
In a world where many products are produced, manufactured, distributed, marketed and sold each day between cities, countries and continents, it is important for brand owners to have good brand names for their products and services. A good brand name must identify the brand owner and distinguish the particular product from other identical or similar products. For example, a bag branded with the name GUCCI is clearly distinguishable from other bags and the powerful reputation behind this brand name is a distinguishing feature in the market place.
LEGAL STORY: PROTECTION OF TRADE MARKS
Friday, March 31, 2006
A trade mark registration gives its proprietor the exclusive right to use that mark. Such a right is nothing other than a concession or a legal monopoly. Generally speaking the law is reluctant to grant monopolies and when they are granted they tend to be restricted. The law will therefore interpret monopolies in a restrictive way. Because of this, patents and copyright, for example, have a restricted term or life.
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