News > Trade Marks
 Coldplay’s latest single, “Every Teardrop Is A Waterfall” had been released for only hours, if not minutes, when accusations of plagiarism surfaced from all corners. It only takes listening to the first few seconds of the new Coldplay song to recognise the striking similarity between it and the opening melody of the piano riff of the 1976 song performed by Peter Allan, “I Go To Rio”. |
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The new .xxx Top Level Domain (“TLD”) registration will open during September 2011. This will be a new domain name space specifically aimed at operators in the adult/porn industry. Websites containing pornographic material can be easily identified by their Internet address ending in .xxx. |
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The SCA held in the Verimark case that use of a mark, otherwise than as a trade mark, does not amount to trade mark infringement . A question that arises is whether or not the decorative use of a mark amounts to trade mark use and what factors should be taken into account in making the determination? |
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 After an initial "false start", we are now able to advise that the new Uganda Trademarks Act no. 17, 2010 was published in the Gazette on 03 September and has come into operation as of that date. |
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 Assignments of trade marks where no prior Treasury approval has been obtained – the Reddot / Oilwell conundrum |
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 Currently, businesses are allowed to trade under unregistered names or trading styles. This position will soon change because business names will be regulated by sections 79 to 81 of the Consumer Protection Act 68 of 2008 (“the Act”) which makes it obligatory for all businesses to register their names. The requirement to register business names in terms of the Act raises certain questions regarding the circumstances in which it is compulsory to do so. |
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 In the wake of the 2010 World Cup South Africans stand proud and filled with patriotism at the success achieved. What started as a dream became a possibility and, ultimately, a reality. The spectacular event resulted in a unified, purpose-driven spirit among all South Africans and together we accomplished much more than the rest of the world expected or thought we could attain. The energy and enthusiasm infected even the least sport-loving spectators. As we know, many resources were spent on improving and developing infrastructure, roads and services for the event. This historic event furthermore generated employment, created opportunities, sparked creativity and ignited a fire of entrepreneurship across the country. However, it also incited the flare-up of a different kind of business – a scourge to our economy which is hopelessly underestimated and trivialised - the business of counterfeit goods. |
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 The Consumer Protection Act, which comes into full operation on 24 October 2010, contains important provisions relating to the use and registration of business names. In broad terms, it seeks to prevent the use of business names which may mislead consumers into thinking incorrectly that one business is endorsed by, or associated with, another. This type of confusion is often caused by the inclusion of a registered trade mark in the business name of another entity. |
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 Popular rap artist Jay-Z and a business partner are suing Boston Red Sox star baseball player, David Ortiz, for naming his Santo Domingo nightclub Forty-Forty. According to Jay-Z, this name is likely to cause confusion with his own 40/40 chain of nightclubs. Jay-Z is seeking over US$5 million in damages and for Ortiz to cease all use of the name Forty-Forty, including on his website. Ortiz was apparently well aware of Jay-Z’s 40/40 club and allegedly opened the infringing Forty-Forty club to benefit from the fame of the rap star’s popular nightclub. |
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 Adams & Adams is pleased to announce that we are now able to register domain names in the .cv and .com.cv domain extensions in Cape Verde. In order to register a .cv domain name, the requested domain must match either the exact company name or a trade mark registration of the applicant. |
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 Adams & Adams is pleased to announce the launch of a new team specialising in anti-counterfeiting matters. While Adams & Adams has, since the inception of the Counterfeit Goods Act, been a leading South Africa law firm in the fight against counterfeit goods and piracy, we realised towards the end of 2009 that a fresh approach was required in this field. Trade mark proprietors are under ever increasing pressure to protect their trade marks in expanding markets and online, but with limited resources. |
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 The North Gauteng High Court handed down judgment in the case of Oilwell (Pty) Limited v Protec International Limited and Others (case no. 44835/08) on 17 February 2010, ruling that a trade mark assignment agreement entered into without prior Treasury approval, does not constitute a contravention of Regulation 10(1)(c) of the Exchange Control Regulations, 1961, and that a contravention of Regulation 10(1)(c) would, in any event, not render such an assignment agreement null and void, ab initio. The applicant, a South African company, was previously the proprietor of various trade mark registrations for the trade mark PROTEC in South Africa and abroad. On 4 July 1998, an assignment agreement was entered into between, inter alia, it and the first respondent, by which the PROTEC trade mark registrations were assigned to the latter. |
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 The owner of an International Trade Mark Registration designating Mozambique must bear in mind that the Industrial Property Code of Mozambique requires filing of a Declaration of Intention to Use (DIU) every five years. The five-year periods are calculated as follows: • For an International Registration designating Mozambique at the time of application for registration, the five years will run from the application date of the International Registration (e.g. Application date of International Registration 01 January 2000 – First DIU due 01 January 2005. |
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 The Development at Century City The Supreme Court of Appeal handed down judgment in the case of Century City Apartments Property Services CC and the Registrar of Companies and Close Corporations v Century City Property Owners Association (SCA CASE NO 57 of 2009) on 27 November 2009, ruling that the mark CENTURY CITY for services in classes 36, 41 and 42 has become a sign which may serve in trade to designate the geographical origin of services, and hence ordered that the trade mark registrations for it be revoked. |
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"Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - Trademarks 2010 (published in October 2009; contributing editors Joseph F Nicholson and Stuart J Sinder, Kenyon & Kenyon LLP). For further information please visit www.GettingTheDealThrough.com." |
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The firm practises directly in several Southern African countries and through long-established associates in others.
