Trade Marks

Trademarks

Brand Genocide

Posted on May 26, 2013

Brand Genocide

We all know GOOGLE. It is a facility that enables us to source information on the internet. The word GOOGLE indicates the identity of a particular service provider and distinguishes those services from similar services rendered by others, such as YAHOO. Each service provider designates its particular services by means of such a mark. The word GOOGLE is a brand or trade mark fulfilling its role as a “badge of origin”. It is exceptionally well known, world-wide. This renown or repute has been brought about by extensive public exposure of the mark to the public through use of it in...

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A Different Ball Game

Posted on Feb 28, 2013

A Different Ball Game

Readers will have observed from perusing the articles on this blog that I have commented on a number of occasions on the proclaimed intention of the Government to pass legislation curtailing or prohibiting the use of trade marks on tobacco products, both on their packages and in advertising.  I have expressed the view that by so doing the Government will be depriving the trade mark owners of their valuable items of property which is at odds with Section 25 of the South African Constitution, unless compensation is paid for such depravation or expropriation.  In this regard see the items...

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Beating About The Rooibos

Posted on Feb 11, 2013

Beating About The Rooibos

It is a fact of life that attempts have been made in certain other countries to usurp control of the term or mark ROOIBOS, despite the fact that it is a well-known South African description for a particular plant which gives rise to ROOIBOS tea.  The term ROOIBOS is as typically South African as “braaivleis” and “biltong”.  It is really part of our South African heritage.  The South African authorities have nonetheless taken no concrete or effective steps to protect and control the use of this term in South Africa or elsewhere. Probably the first attempt to hijack ROOIBOS in...

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The Pan-African Intellectual Property Organization (PAIPO) Draft Statute

Posted on Nov 2, 2012

The Pan-African Intellectual Property Organization (PAIPO) Draft Statute

Introduction Because intellectual property rights are territorial in nature (i.e. they have to be recognised by the country in which protection is sought), since the expansion of cross-border trade in the 19th century, authors, creators, designers, inventors and traders have sought similar protection in other countries to that which they enjoy in their domestic legal systems, or, at least, be afforded the protection enjoyed by nationals of the foreign country.  This need initially gave rise to a number of bilateral agreements, and then multilateral treaties or conventions. These treaties or...

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Fire Fighting

Posted on Sep 28, 2012

Fire Fighting

Australia is notorious for being a country plagued by rampant bush fires.  Over the years, valuable agricultural land, forestry, residential areas and even towns have been threatened or wiped out by uncontrollable bush fires. These bush fires have given rise to considerable damage and even loss of life.  It is perhaps therefore not surprising that Australians should have a pathological fear of fire imbued in their psyches.  There is an involuntary will to fight fire whenever smoke appears. In a fresh desire to eradicate smoke by stamping out fire, the Australian government has reached a...

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Medals, Models & Moguls – The Fashion News Roundup

Posted on Sep 19, 2012

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...

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