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.

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.

Tanzania – fresh anti-counterfeiting measures

The long awaited Merchandise Marks Act Regulations have been published in the Tanzanian Government Gazette of 20 June 2008. The Regulations and earlier amendments to the Merchandise Marks Act of 1963 (“the Act”) serve to amend the Merchandise Marks Act of 1963.  The Regulations have come up with practical strategies and rules to tackle trade in counterfeit goods and pirated copies.

Commercial Crime Court in Johannesburg imposes heavy sentence on counterfeiter

There has been an increase in the number of decisions emanating from our courts confirming the view that counterfeiting is a serious offence and that appropriate sentences will be implemented as a deterrent and punishment to people who deal in counterfeit goods.

A factory was recently discovered in Rosettenville, Johannesburg, manufacturing counterfeit caps.  Thousands of caps and hundreds of tags and labels bearing the LACOSTE trade marks were seized.  In addition, a large industrial embroidery machine that was being used to apply the infringing tags and labels to the caps was also seized.

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.