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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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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..

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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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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..

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