News

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Firm takes care of school
Adams & Adams Attorneys donated toys, books, clothing, a TV and other goodies to the less fortunate grade R pupils of Vuka'Uzenzele Primary School recently.
Read more... | 9/05/2012  | Posted in: Adams & Adams
The demise of unregistered trade marks in Zambia

On 23 April 2012, the Supreme Court of Zambia, the highest court of appeal in that country, handed down a rather perplexing and worrisome decision.  That decision alters, quite significantly, the understanding of the rights associated with unregistered marks in Zambia.

Read more... | 9/05/2012  | Posted in: Legal News
MTN SAMA awards winner – Solly Mahlangu

MTN SAMA awards winner – Solly Mahlangu tackles contracts and trademarks with law firm Adams & Adams

 Mwamba Mwamba!  Winner of the 2012 MTN SAMA Awards best Traditional Faith Album.  The exuberant title reflects the work of multi-award winning gospel singer Pastor Solly Mahlangu who spent two years travelling across South Africa and both East and West Africa in search of inspiration for his latest album.

Read more... | 8/05/2012  | Posted in: Trade Marks, Intellectual Property, Media and Entertainment law, Copyright
Senwes: A victory for the Competition Commission but a potential Pandora’s box
The spirits at the Competition Commission were certainly high when the Constitutional Court (“the Court”) ruled in favour of the Competition Authorities[1] by holding that Senwes did indeed contravene section 8(c) of the Competition Act.[2]The issue before the Court was a consideration of the interpretation to be given to the nature and breadth of the powers afforded the Tribunal in terms of the Act.


[1] Competition Commission of South Africa v Senwes Limited CCT 61/11 [2012] ZACC 6.

[2] Act 89 of 1998.

Read more... | 8/05/2012  | Posted in: Commercial Law
I wrote that famous Elton John song, Nikita!

Guy Hobbs, a photographer from Cape Town, has recently filed court proceedings based on copyright infringement in a US District Court against Sir Elton John, Bernie Taupin (Sir Elton’s song writing partner and lyricist) and their company Big Pig Music.

Read more... | 8/05/2012  | Posted in: Trade Marks, Media and Entertainment law, Copyright, Legal News
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
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The firm practises directly in several Southern African countries and through long-established associates in others.