Posts Tagged "trade"

Supreme Court of Appeal Losing Its Shape

Posted on Jan 29, 2015

Supreme Court of Appeal Losing Its Shape

INTRODUCTION The Supreme Court of Appeal has been blessed for the past few decades by having in its ranks judges who have experience and expertise in the field of Intellectual Property Law. One thinks of Judges like Chris Plewman and Louis Harms who had a wealth of experience in handling IP cases while practising as advocates at the bar and in hearing such cases both in Provincial Divisions as well in the Supreme Court of Appeal. This factor contributed substantially to the quality of IP judgments emanating from the Supreme Court of Appeal generally being of a high standard. The development...

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In vino veritas – Mettenheimer v Zonquasdrif Vineyards

Posted on Dec 3, 2013

In vino veritas – Mettenheimer v Zonquasdrif Vineyards

While trade mark infringement cases are not unusual, there are few decisions in which the central issue which required determination was whether the respective goods involved were so similar that it would gave rise to a likelihood of deception or confusion.  It is for this reasonthat the decision in Mettenheimer & Another v Zonquasdrif Vineyards CC & Others ([2013] ZASCA 152) deserves consideration. Mr Mettenheimer, the first appellant, was the proprietor of the ZONQUASDRIFT trade mark, registered in class 33 in respect of alcoholic beverages, including wine.  Importantly, the trade...

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Trade Marks Going Up In Smoke

Posted on Apr 20, 2012

Trade Marks Going Up In Smoke

The age old proverb says “there is no smoke without fire”.  The legislatures of several countries are about to turn this proverb on its head.  The anti-smoking lobby has gained such strength in these countries that the fire brands of the anti-smoking lobby with their fiery rhetoric have moved governments to do their utmost to achieve the demise of smoking as a social practise. These campaigns have resulted in fire generating no smoking.  It is not the objective of the Vine Oracle to debate the merits or demerits of such a policy.  The Vine Oracle is, however, a custodian of...

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