News

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A case of justice delayed is (almost) justice denied

A&A recently received judgement in a matter in favour of the executor of a deceased estate, pursuant to a property transaction concluded in 2006 between the deceased (the transaction occurred during the life of the deceased client) and a purchaser of an immovable property situated in the upmarket security estate, in the eastern suburbs of Pretoria.

Read more... | 8/05/2012  | Posted in: All Contractual Matters, Commercial Law
Greening legacy for Vuka Primary School

Social responsibility, the need for social upliftment and empowerment as well as the sustainability of the environment are key priorities at Adams & Adams and form a cornerstone of activity within the firm.

Read more... | 4/05/2012  | Posted in: Green / Environmental Law
An alternative to getting angry in advertising disputes – getting even

Santam has recently been a favourite for being on the receiving end of advertisement spoofs. First DialDirect made an advertisement which appears to have copied Santam’s advertisement featuring Sir Ben Kingsley in a suit walking on the beach, and now Nando’s has struck.

Read more... | 3/05/2012  | Posted in: Trade Marks, Copyright, Legal News
Adams & Adams, first law firm in partnership with the MTN SAMA

The 18th annual MTN South African Music Awards was held at Sun City on 29 and 30 April 2012. The new CEO, Randall Abrahams, and his team put together a world class awards ceremony, which has been tweeted to be the best MTN SAMA ever held!

Read more... | 3/05/2012  | Posted in: Trade Marks, Media and Entertainment law, Copyright, Legal News
The prisoner’s song, your ‘Loslappie’ and my record sales
A homeless man sits under the dry Oudtshoorn sun singing a song his father used to sing. It is a song which had been passed down from generation to generation and is an adaptation of a 1926 all-time best-selling record. It is an Afrikaans version of The Prisoner’s Song by Vernon Dalhart which sold over seven million copies worldwide . It tells the original story of a man going to jail and leaving a loved one behind, but the melody is much different to that of Dalhart’s big success.
Read more... | 24/04/2012  | Posted in: Trade Marks, Intellectual Property, Media and Entertainment law, Copyright
The MTN SAMA Awards - Will your dreams come true?
Winning a coveted MTN SAMA, may just be the best thing that could happen to a band or musician! You’ve finally arrived in the world of music! Or does it spell the beginning of trouble?
Read more... | 23/04/2012  | Posted in: Legal News
Performing artists take note

On 25 June 2002, the Copyright Act and the Performers’ Protection Act were amended to introduce needle-time rights.  The term “needle-time rights” refers to the right of an owner of a sound recording (embodying a musical work) and the performer of the musical work, to receive a royalty in respect of the broadcast, or performance, of that sound recording. 

Read more... | 20/04/2012  | Posted in: Media and Entertainment law, Copyright, Legal News
New GTLD programme set to change the face of cyberspace

The term “cyber-squatting”, which means registering or using a domain name in bad faith with the intent to profit from the goodwill in another’s trade mark, has gained significant exposure in the last decade with the exponential growth of the Internet and the concomitant increase in user traffic.  Fortunately, there is a quick, efficient and reasonably cost effective mechanism with which to combat cyber-squatting in certain name spaces, being the Uniform Domain-Name Dispute-Resolution Policy (UDRP).

Read more... | 20/04/2012  | Posted in: Trade Marks, Legal News
Alcohol companies in the EU promise to adhere to new industry rules
8 of Europe’s biggest alcohol companies, including AB InBev, Bacardi, Diageo, Heineken and SAB Miller have agreed the “Responsible Marketing Pact”, being launched today to cover the EU.
Read more... | 19/04/2012  | Posted in: Trade Marks, Copyright, Legal News, Advertising Law
Commisioner of Patents sets the records straight
Prinsloo, J sitting as the Commissioner of Patents heard an appeal on 3 October 2011 to a decision of the Registrar of Patents, being the first respondent in the appeal, taken on 19 April 2011 refusing two requests by the Appellant for the rectification of the Register of Patents.
Read more... | 18/04/2012  | Posted in: Patents, Legal News
Paying homage to the next generation of advertising greats – The Loeries Adams & Adams

Paying homage to the next generation of advertising greats – The Loeries Adams & Adams Young Creative Category

Tenacious, brave, hardworking, ‘out of the box’ , spurred on by an inner creative spirit.  These are just some of the qualities of the entrants in the Loeries Young Creatives Awards Category should have. “What’s more they represent characteristics which resonate with the Adams & Adams brand,” says Mariette du Plessis, senior partner at law firm Adams & Adams.

 

Read more... | 18/04/2012  | Posted in: Trade Marks, Copyright, Designs, Advertising Law
The world of numbers and rappers – protect your rights

Chico Hamilton once said, “A lot of musicians aren't proud; they'll do other work, just to be able to play music. I guess that's the way it's always going to be - musicians will have to suffer to a certain degree in order to obtain their outlet”.

Read more... | 18/04/2012  | Posted in: Trade Marks, Intellectual Property, Media and Entertainment law, Copyright, Legal News
Summary Landmark – Pharmaceutical – Zetomax vs Zemax

The South African Supreme Court of Appeal has handed down an important judgement for pharma trade marks. The case of Adcock Ingram v Cipla Medpro reconsidered the notion that pharmaceuticals sold on prescription are less likely to be confused because they are dispensed by trained professionals in regulated circumstances. In doing so the Court questioned the relevance of findings in a 1983 leading case, also involving Adcock, in contemporary society.

Read more... | 17/04/2012  | Posted in: Trade Marks, Patents, Legal News
Design Indaba’s Emerging Creatives – stories of inspiration

Mariette du Plessis, partner at Adams&Adams says she went to Design Indaba 2012, not quite knowing what to expect, but  the incredible creative talents in South Africa exceeded her expectations.

Read more... | 16/04/2012  | Posted in: Intellectual Property, Media and Entertainment law, Copyright, Designs
Let the lion roar: MGM’s sound trade mark application accepted in Canada

After a 20 year legal battle, the Federal Court of Canada has finally ruled that the well-known roar of the Metro-Goldwyn Mayer lion, which has been heard during the opening credits of movies produced by the film studio since 1924, can be registered as a trade mark in that country. The Registrar of Trade Marks had initially refused an application to register the sound trade mark application on the basis that it is not cable of being a trade mark.

Read more... | 11/04/2012  | Posted in: Trade Marks, Media and Entertainment law, Copyright, Legal News, Advertising Law
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The firm practises directly in several Southern African countries and through long-established associates in others.