Welcome to Africa’s legal blog

Never miss a beat on Africa's legal and regulatory landscape.

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.

Read More
ENSafrica

Colour trade marks: another purple patch?

The issue of colour trade marks rears its head from time to time. In theory, it’s very simple – a colour (or a colour combination) can function as a trade mark and can be registered as a trade mark. But many things are great in theory.

Read More
Spoor & Fisher

Heir entitled: death, wills, and intellectual property legacies

Death and taxes are inevitable, but how do intangible assets such as trade marks, copyrights and other forms of intellectual property and their related income streams, transfer to heirs in a deceased person’s estate?

Read More
KTA Advocates

Lifestyle Equities CV and Lifestyle Licensing BV v Amazon UK Services Limited and 4 Others (2022) EWCA CIV 552: Question of expediency versus trademark infringement

In a world that is a global village, where the access to internet has undoubtedly
facilitated trade across continents, the position of e-commerce within the legal
framework of protection of intellectual property rights has increasingly become a
basis for recent c..

Read More
Banwo & Ighodalo

Trademark Infringement: Analyzing The Concept Of “Confusingly Similar Trademarks"

The Nigerian Trade Marks Act[1] (Act) prohibits the registration of a trademark which is confusingly similar to an already existing trademark and which is likely to deceive or cause confusion in the course of trade[2]. While the provision of the law couldn’t be any cleare..

Read More
ENSafrica

Trade marks oceans apart

This article discusses the recent South African Supreme Court of Appeal (“SCA”) judgment of Open Horizon Ltd v Carnilinx (Pty)handed down on 26 May 2022.

Read More
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.

Read More
ǼLEX

Trademark Infringement in Nigeria – Analysing the decisions in Fan Milk v. Mandarin Hotels

The question of what constitutes trademark infringement in Nigeria is fundamental in the protection of intellectual property rights. On 10th March 2022, the Federal High Court sitting in Abuja delivered two judgements and established cer..

Read More
Clyde & Co.

Intellectual Property in Tanzania: the 2022 Regulations on Copyright Licensing and Rights to Benefit from Re-Sale

In this legal update, we analyse the Copyright Licensing and Rights to Benefit from Re-Sale Regulations [1]. The Regulations came into force on 18 March 2022 and are made under section 45 of the Copyright and Neighbouring Rights Act[2].

Read More
Subscribe to our newsletter