BrandLaw | The Art of Law
Check out our articles on all things brands, business, trademarks intellectual property and law.
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Amarula v Afrula: Western Cape High Court Confirms Trade Mark Dilution in South Africa
High Court confirms dilution protection for famous marks 21 November 2024 – Southern Liqueur Company Ltd v Noble Spirits (AFRULA) The Western Cape High Court has handed down an important decision for brand owners: Southern Liqueur Company Ltd v Noble Spirits (Pty) Ltd [2024] ZAWCHC 387. Distell’s subsidiary, owner of the famous AMARULA cream liqueur … Read more
Trade Mark Dilution in South Africa: From Laugh It Off to Dulux
How courts moved from requiring proof of harm to recognising unfair advantage alone For years, dilution was the sleeping giant of South African trade mark law. It sat in section 34(1)(c) of the Trade Marks Act (used in infringement proceedings to stop unauthorised use) and section 10(17) (used in opposition or cancellation proceedings to prevent … Read more
Can you register a famous brand name for a different Industry in South Africa?
We sometimes get asked: if a global brand owns a famous trade mark, does that mean I can’t use the same name at all in South Africa? The short answer is “not necessarily,” but the law is complex and evolving. To illustrate, we recently advised a fintech company that wanted to register the brand VOOM … Read more
When Online Marketplaces Face Counterfeit Allegations: A South African Case Study
E-commerce has transformed how South Africans buy and sell goods. Platforms that connect small sellers with buyers have democratised retail and given entrepreneurs access to nationwide audiences. But these platforms also face a persistent risk: counterfeit goods. Recently, BrandLaw represented a foreign-based online marketplace, operating in South Africa, accused by luxury and outdoor brands of … Read more
The Liability of Retail Platforms for Counterfeit Goods in South Africa: Navigating the Legal Landscape
In an era where online marketplaces dominate the retail sector, the issue of counterfeit goods has never been more pressing. Retail platforms, particularly those allowing independent third-party sellers, find themselves at the crossroads of innovation, commerce, and legal compliance. The question of liability for counterfeit goods sold on these platforms is complex and multifaceted. This … Read more
A CIPC Company Name Search Does NOT Clear Your Brand and Trademark for Use
Does a company name give you rights to your brand? No. Most people, even lawyers, get this wrong. A registered company name does not provide exclusivity to a name, nor necessarily the rights to actually use it. Only trademark rights can provide rights to a name. Is there any value to searching the CIPC company … Read more
South Africa seeks to Regulate Online Platforms against major players like Apple, Google
In 2022, the Competition Commission of South Africa detailed plans to regulate the digital space. It focused on online platforms in eCommerce, app stores, travel and accommodation, food delivery, and online classified ads, and aimed to address competition issues among platforms and between businesses using them. The targets are “leading platforms,” including well-known names like … Read more
Maximizing your IP’s potential: Benefits of holding IP Outside of South Africa
If you plan on going international with your intellectual property (IP) and capitalizing on your IP’s value, it is important to think about where you will create and hold your IP. South Africa’s exchange control regime can present significant challenges for those looking to sell or commercially exploit IP internationally. By creating and holding IP … Read more
Brand Search: 5 Steps Before using a Brand Name
A good brand is crucial to your success. With 81% of common words already registered as trademarks, finding a unique and available brand name for your business can be a challenge. Much of your potential success hinges on the choices that you make at the early stages of your business. Your brand becomes the store … Read more
12 Reasons to Register Your Trademark
When it comes to creating a successful brand, finding a unique and available name is crucial. 81% of common words are already registered as trademarks, making it a challenge to stand out in the market. It’s important to carefully consider your options and take steps to protect your brand, including searching for available domain names and checking the trademark register to avoid infringing on existing trademarks. With the right branding strategy, you can set your business up for success.
