Your (un)fair advantage

McDonalds refused leave to appeal by Supreme Court of Appeal
29/01/2008

In an order dated 28 January 2008, the Supreme Court of Appeal of South Africa has dismissed (with costs) an application by McDonalds International Property Co. Limited for leave to appeal against a decision of the Full Bench of the Transvaal Provincial Division of the High Court upholding an earlier decision of the Registrar of Trade Marks refusing cancellation of the McBiscuit trade mark registration on the basis of several registrations for Mc and Mac trade marks.

No reasons for the SCA’s refusal were given. Dean Gianni’s McBiscuit trade mark registration for biscuits will remain on the Trade Marks Register.

The earlier TPD McBiscuit decision is reported on the A&A website below.

Chris Job
Partner
ckj@adamsadams.co.za
29 January 2008
  Featured Act Eviction of unlawful occupiers
Owners of rental properties will be pleased to take note of the hard-hitting comments made by a judge of the South Gauteng High Court in a recent matter involving an application for the eviction of illegal tenants from a building in Johannesburg.

In his judgment, Willis J mentioned obiter that there is effectively only one legal remedy for the unlawful occupation of immovable property, namely an eviction order. 		  Featured Case Law Valentino Globe BV vs Phillips & another 1998 (3) SA 775 (SCA)
In this case, however, it was held that, if the trade mark application relied on was without substance or for some reason invalid, that application does not qualify as a person aggrieved. 		  Related People Chris Job
Partner
Patent and Trade Mark Attorney
Tel: +27 (0) 12 432 6304
Email me 		 

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The firm practises directly in several Southern African countries and through long-established associates in others.