News
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When to object and when to interdict
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Thursday 02-Sep-10
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When considering objecting to the use of a trade mark as part of a company name, one needs to distinguish between the company name per se and the use by the company of its name.
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Smell-A-Like decision: Jacob LJ on L'Oreal v Bellure
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Tuesday 31-Aug-10
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In the matter of L’Oreal v Bellure, the defendant made affordable “smell-alike” perfumes which imitated or resembled the fragrances of famous top-end perfumes, including L’Oreal fragrances and made use of a “comparison list” in which the imitation fragrances where compared to the well-know brands.
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Liberia joins ARIPO
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Wednesday 03-Feb-10
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On 24 December 2009 the Republic of Liberia became the latest African country to join the African Regional Intellectual Property Organisation (ARIPO).
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It’s always a gamble: On-Line Lottery Service v National Lotteries Board
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Wednesday 21-Oct-09
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Trade mark owners will be well advised to bear in mind that the function of a trade mark is to serve as a “badge of origin”, especially when adopting trade marks which are highly descriptive.
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Puma’s endeavour to halt Global Warming
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Tuesday 13-Oct-09
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Puma AG Rudolf Dassler Sport (“Puma”) failed to generate any sympathy from the Supreme Court of Appeals (the “SCA”) in its bid to end the importation and sale of shoes bearing a resemblance to its Puma Sprint Shoe by Global Warming (Pty) Limited(“Global Warming”).
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United Kingdom - Scottish terrier in the firing line
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Tuesday 06-Oct-09
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Obtaining and maintaining a registration for a shape mark is difficult as, in general, shapes are regarded as decorative and not performing the essential function of a trade mark, namely that of identifying the commercial origin of the goods or services.
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The importance of 1 September!
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Friday 04-Sep-09
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1 September 2009 marks an important day in the South African Intellectual Property environment as the online South African patents database was launched on this date.
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Bouwers Inc appoints new director
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Tuesday 23-Jun-09
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Adéle joined Bouwers Inc, on 1 April 2009 as a partner and brings with her a wealth of intellectual property and tax knowledge and experience. The interaction between intellectual property and tax is a crucial consideration in any intellectual property commercialisation strategy, an area in which Bouwers Inc. is a recognised leader.
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L'Oreal v eBay
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Tuesday 23-Jun-09
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The extent of a service provider’s legal liability in respect of content that may appear on its website is an issue of great importance and pertinent, especially to brand owners seeking to prevent the sale of counterfeit products through the internet, a rising practice. This question recently served before a UK High Court where L’Oréal and eBay entered the fighting arena.
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“Chicken or Beef?”
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Friday 22-May-09
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Bouwers were recently called on to represent Nando’s, when Nando’s was instructed to respond to a complaint by Mr. Kaya Ngqula, the former CEO of South African Airways. Mr. Ngqula objected to a newspaper advertisement of Nando’s in which Nando’s used the phrase “Chicken or beef, Mr Ngqula?”.
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Consumer Protection Act
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Thursday 21-May-09
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On 24 April 2009, the then president of South Africa, Mr. Kgalema Motlanthe, signed into law the Consumer Protection Bill and the Consumer Protection Act (“CPA”) was published in the Government Gazette on 29 April 2009.
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European trade marks becomes cheaper
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Thursday 21-May-09
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The Office for the Harmonization of Intellectual Property in the European Union (“OHIM”) has recently accepted proposals to reduce its fee structure for trade mark filings at OHIM.
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Managing IP nominates Bouwers Inc. as top five in SA
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Wednesday 20-May-09
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Managing IP, the leading international intellectual property magazine, recently conducted its survey to appoint the best intellectual property firm in every major jurisdiction of the world. In this process, Managing IP nominated Bouwers Inc., out of more than 20 firms, as one of its five candidates for “The South African Intellectual Property Firm for 2009”.
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Our new website - Launched on 30 April 2009
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Thursday 30-Apr-09
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We are happy to announce the launch of our new website.
Our new website comes with an improved corporate identity and many new features and updates. Most importantly, we added a news section that will keep you updated on intellectual property law developments in Africa.
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