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...
Read MoreInterview: Prof Dean on The Money Show
Prof Dean was interviewed by Bruce Whitfield on 702 Talk Radio for “The Money Show”. The topic of the interview was Five reasons: Why prohibiting the use of trademarks on tobacco products makes no sense. This interview followed on the topic of Prof Dean’s inaugural address at Stellenbosch University. You can listen to the radio interview...
Read MoreA 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...
Read MoreBeating 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...
Read MoreFire 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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