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Adams & Adams

A Rose by Any Other Name Would Smell as Sweet, but Sweet Enough to Be a Trade Mark?

South Africa is known internationally for its abundant flora. South African plant breeders regularly win awards at an international level for their unique and beautiful cultivars. From roses to aloes to all manner of drought-resistant and “South Africa friendly” flowers, ..

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Adams & Adams

The Level of Evidence to Successfully Institute Trade Mark Infringement Proceedings in Kenya

The Kenyan High Court recently clarified the level of evidence required for trade mark owners to successfully obtain injunctions in trade mark infringement proceedings. In a decision involving a peanut wrapper trader, the registered owner of the trade mark STEAME MAX PEAN..

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Adams & Adams

The New Landscape of Trade Mark Laws In Zambia

Last year, Zambia passed the Trade Marks Bill 2023 in an effort to revise its archaic trade mark legislation prescribed by the Trade Marks Act (Chapter 401) 1958 (“the Old Act”). The Old Act has been in force for more than six decades.

 

The Old Act did n..
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Adams & Adams

Back to College at the Supreme Court of Appeal

The Supreme Court of Appeal (SCA) of South Africa recently delivered a judgment in a trade mark infringement case between iCollege (Pty) Ltd (“iCollege”) and Xpertease Skills Development and Mentoring CC (“Xpertease”). The Court found that Xpertease’s use of a mark that c..

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Adams & Adams

One work to rule them all?

Battle lines have recently been drawn, after fan fiction writer, Demetrious Polychron, filed a 250-million-dollar lawsuit against the Tolkien Estate and Amazon on the basis of copyright infringement. Mr Polychron claims that his novel The Fellowsip of the King, which draw..

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Adams & Adams

Zurich Insurance Company 'hit by rock mass' in the Gautrain Tunnel

The Supreme Court of Appeal (“the SCA” hereinafter) recently delivered a judgement in a matter involving Zurich Insurance Company South Africa LTD (“the insurer”) and the Gauteng Provincial Government (“the insured”), bringing to an end litigation that commenced early 201..

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Adams & Adams

New Mozambique Copyright Act

On 29 June 2022, the Assembly of the Republic approved the new Copyright Law of Mozambique, Law 9/2022. The new law came into force on 26 September 2022.

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Adams & Adams

Parody in South Africa: addressing the Hippo in the room

A recent advertising parody has caused quite a stir at the watering hole, and left consumers questioning whether Hippo.co.za may have been out of line.

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Adams & Adams

Important trade mark and passing-off finding: Cairns Foods Limited v Netrade Marketing (Pty) Ltd

This is an appeal decision relating to Cairns Foods Limited and Netrade Marketing, two companies in the business of producing and marketing food products, in particular, fruit jam.

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