Library - Case Law
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- High Court makes ruling on notices ito Companies Act
The Transvaal Provincial Division has given judgment in African Sun Hotels (Pty) Ltd v The Registrar of Companies & another, Case No. 58013/2007, a case which has implications about formal notices sent to a company at its registered address.
- Download PDF | Category: Trade Marks | Posted: 09/12/2008
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- Mixit.co.za: don’t get mixed up
The website domain name mixit.co.za was recently the subject of a dispute and some confusion has arisen about the implications of the ruling. This article is intended to clear up misconceptions.
- Download PDF | Category: IT Law | Posted: 20/11/2008
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- Pfizer successful in enforcing ARIPO patent in Kenya
How often have you considered patenting in Africa when considering your Intellectual Property strategy and decided that it would not be worthwhile because it would be difficult, if not impossible, to enforce your rights there?
Well, the recent success of Pfizer, in respect of Pfizer Inc v Cosmos Limited (Case No. 49 of 2006), is a strong indication that you may have been wrong and that you should give filing your patents in Africa serious thought.
- Download PDF | Category: Patents | Posted: 13/11/2008
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- Nintendo Wii accused of infringing US Patent
US-based Hillcrest Laboratories has filed a complaint with the US International Trade Commission (ITC), alleging that Nintendo has infringed Hillcrest’s patents in the making of its Wii video game. Wii has been a great success since its launch in 2006. If it is found that the Wii video game was made with infringed technology, the ITC has the power to bar the game from the US.
- Download PDF | Category: Patents | Posted: 11/11/2008
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- Clean up the register before enforcing your design
In an application to the High Court to enforce an order of the Supreme Court of Appeal, it was successfully argued on behalf of the first, second and third respondents, who are our clients, that the proceedings to enforce the order should be stayed until the determination of a pending review application. The order of the Supreme Court of Appeal interdicts one of the respondents from infringing a registered design. The pending review application was instituted by another of the respondents.
- Download PDF | Category: Registered Designs | Posted: 06/11/2008
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- Reptile Wars
The High Court of South Africa (Transvaal Provincial Division) has ruled in favour of Lacoste in a case involving alleged counterfeit goods and the use of a “REPTILE” device which was contended to infringe its well-known registered CROCODILE device. Judgment was handed down on 30 September 2008 in Lacoste S.A. (formerly La Chemise Lacoste) vs Long Chang Trading CC, TPD case number 29835/05.
- Download PDF | Category: Trade Marks | Posted: 13/10/2008
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- Jenni Button restrained from using her own name
The Cape High Court granted an order on 19 September 2008 against the well-known South African clothing designer, Jenni Button, interdicting her from making use in any way of the trade name JENNI BUTTON for purposes of conducting business within the retail clothing trade in South Africa. She was also directed to pay the costs of the application.
The High Court actually dealt with two applications heard simultaneously :
• the first, by Jenni Button against Jenni Button (Pty) Limited (“the company”) and other entities, to transfer to her 30 % of the shares of the company; and
• the second, a counter-application by the company to restrain Jenni Button from using the trade name JENNI BUTTON for purposes of conducting business within the retail trade including as part of the domain name jennibutton.com.
- Download PDF | Category: Trade Marks | Posted: 26/09/2008
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- Adams & Adams client succeeds in action against counterfeiters
The South African Police Service has, in co-operation with well-known brand owners represented by Adams & Adams attorneys in South Africa, successfully prosecuted Papa Diop and Wide Road Import & Export CC for respectively dealing in and importing counterfeit goods in contravention of the Counterfeit Goods Act.
- Download PDF | Category: Trade Marks | Posted: 07/08/2008
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- Disney and other studios succeed in copyright case against Mr Video outlets
In an important decision handed down by the Cape High Court Disney Enterprises Inc., together with three other studios and their exclusive licensee, Nu Metro, were granted injunctive relief (and other relief) restraining Mr Video and twenty-two of its franchisees from infringing the copyright in various cinematograph films by importing and hiring out Zone 1 DVDs only intended for the North American market.
The main question before the Court was whether the conduct of Mr Video and its franchisees constituted direct infringement in terms of Section 23(1) of the Copyright Act 98 of 1978 read with Section 8(1)(g) which provides that hiring out a film is the exclusive right of a copyright owner.
- Download PDF | Category: Copyright | Posted: 23/06/2008
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- The Supreme Court of Appeal lays down the law on patent claim construction in SA - or does it?
A previous judgment by the Supreme Court of Appeal (“SCA”) relating to the same patent and registered design, but having different parties and a different infringing article, was referred to in the present matter as the Flag & Flagpole case. It had a bearing on the judgment in the present case, in which the appellants appealed against the orders of the Court of the Commissioner of Patents and the High Court, which had sat as one Court of first instance. It had held that the respondent’s South African patent had been infringed by a flag construction, illustrated as follows:
- Download PDF | Category: Patents | Posted: 17/03/2008