McDonalds refused leave to appeal by Supreme Court of Appeal

Newsflash

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.

Y’ello Who? MTN succeeds against Nando’s ads

In a recent decision, the Advertising Standards Authority (“ASA”) Directorate ruled that a combination of seemingly generic elements, when used together in a certain way, was the exclusive advertising property of a mobile telecommunications provider and that these had been imitated by a fast-food chain in its advertising.

Domain Names – The early bird (usually) catches the worm

VELCRO USA Inc, the complainant, is the proprietor of various registered trade marks for the mark VELCRO in various territories in respect of “loop and hook fasteners” The respondent, a competitor in Asia for several years, registered the domain name china-velcro.com to which the complainant objected. As a defence, the respondent argued that the mark VELCRO has been used by third parties for several decades to describe ”loop and hook fasteners” and has become generic. 

Domain name registrations in Kenya - an exception to the rule

In order to register a domain name in Kenya, the applicant is required to have a real and effective business interest in the country.

New regulations on foodstuffs for infants - discouraging alternatives to breastfeeding?

The proposed regulations on foodstuffs for children and infants seem to criminalise women who for whatever reason, are not able to, or choose not to breastfeed.

This is according to Marilyn Krige, partner at Adams and Adams, leading attorneys in intellectual property law.