Intellectual property rights of soccer stadiums to be protected

Minister of Trade and Industry, Dr Rob Davies, has given notice of his intention to prohibit the unauthorised use of words, devices, logos, pictures and drawings of the Moses Mabhida Stadium, Nelson Mandela Bay Stadium, Peter Mokaba Stadium, Mbombela Stadium, Soccer City Stadium and Cape Town Stadium.

In terms of Section 15 of the Merchandise Marks Act of 1941, the Minister may prohibit either absolutely or conditionally the use of any mark, word, letter, figure or arrangement or combination thereof in connection with any trade, business, profession, occupation or event. He must, before issuing any notice under Section 15, invite persons interested in the matter to submit representations.
Click here for a copy of the notice.

The wording of the proposed prohibition is somewhat unclear and it is uncertain whether it will prevent the names, logos, pictures and drawings of the various stadiums from being used at all, or if it will apply only when they are used in a manner which might cause confusion. This may only become clear once the final prohibition notice is published.

Interested parties may comment on or before 17 June 2010.
 9/03/2012

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