South Africa: Trademark

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Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.
Article
Soft Serve, Al Dente
A critical analysis of the South African High Court's decision in Soft Coffee v Nonnas Pasta reveals a judgment that correctly applied the notional use doctrine and dismissed an improperly pleaded prior use defence, yet failed to distinguish between different forms of trade mark infringement. The court's conflation of sections 34(1)(a) and (b) resulted in an overbroad interdict that extends beyond what the legal reasoning can support, particularly regarding the respondent's company name versus product brand
South Africa IP
AA
Adams & Adams
Article
"Cool Joy!" Gets The Cold Shoulder: ARB Upholds Imitation Complaint Against Epic Foods
The Advertising Regulatory Board has ruled against Epic Foods in a packaging dispute with Magnum ICC, finding that the "Cool Joy!" ice cream packaging constituted undue imitation of the well-known "Joy!" brand. The decision examines how distinctive combinations of design elements—including typeface, color schemes, and punctuation—can create protectable advertising goodwill, even when individual elements might be generic.
South Africa IP
E
ENS
Article
The Devil Wears Prada: Who Owns What And Why The Structure Of Intellectual Property Matters
The Devil Wears Prada is more than a cultural phenomenon—it's a complex intellectual property ecosystem involving multiple rights holders, from the original author to the luxury brand itself. This analysis examines how copyright, trademark, and personality rights intersect to create a legally sustainable framework that enables both creative freedom and commercial exploitation in the entertainment industry.
South Africa IP
BI
Barnard Inc.
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