Medals, Models & Moguls – The Fashion News Roundup
In this special report, the VineOracle (IPStell’s personal pundit on all things IP) brings news (and her own brand of predictions) for the aesthetically minded visitor. And it is a star-studded cast of high-flyers (and fast swimmers) from Paris and New York representing some of the most exclusive brands. But do not be fooled by the A-list members on call, from what the VineOracle hears, these celebrities are prone to IP rights violations aplenty. Read on: Michael Phelps caught double dipping on the IOC’s bill The greatest Olympian in history retired from professional swimming at...
Read MorePatently Wrong – The jury’s verdict in Apple v Samsung
All is fair in love and (patent) war, but apparently not when it comes to awarding damages in patent litigation. After nearly 18 months of protracted trench-warfare between Apple and Samsung’s formidable IP legal teams in the Northern District Court of California, Judge Lucy Koh surrendered the matter to a panel of 9 laymen (and women). A mere 22 hours later the (well rested and fed) jury had finished studying Judge Koh’s 109 page instructions and 26 pages of the parties’ juror forms, answered all 56 factual and legal questions and ticked all of the 250+ boxes of the baffling verdict...
Read MoreAssignments of IP to non-residents: the amended Exchange Control Regulations
The Exchange Control Regulations (the “Regulations”) have been amended with effect from 8 June 2012 (Government Gazette No. 35430) to provide that transfers of ownership of intellectual property from a South African resident to a non-resident now require prior Treasury approval. While this amendment to the Regulations has drawn comments or criticisms from commentators, these have principally related to, inter alia, the apparent reversal of the stated policy of relaxing exchange controls or the alleged invalidity of the amendment. In contrast, the purpose of this note is to briefly...
Read MoreHow Intellectual Property Law Applies To Sport
Major sports are big business and vast sums of money are involved in staging sport events. This global trend was brought into sharp focus in South Africa during the 2010 FIFA World Cup, which provided an excellent example of the role that branding plays in major sports, both generally and more especially in South Africa., explains how best the law can be applied to benefit everyone involved. A long established organisation, the Federation Internationale de Football Association (FIFA) has developed a very clear policy for protection of brands relating to the tournament. This has come to the...
Read MoreStar Wars: The Foreign Copyright Battle
Lucasfilm Limited v Ainsworth [2011] UKSC 39. The facts: Andrew Ainsworth was a prop-designer engaged to produce the iconic Imperial Stormtrooper costumes for the first Star Wars movie in 1977. More recently in 2004, Mr Ainsworth (domiciled in the UK) started making replicas of the Stormtrooper helmet (using his original tools) which he proceeded to sell worldwide over the internet. To cut a long story short – Lucasfilm sued Ainsworth and the battle ultimately ended up before the English Supreme Court. It was accepted that Ainsworth had violated Lucasfilm’s US copyright by selling the...
Read More
