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High Court confirms dilution protection for famous marks 21 November 2024 – Southern Liqueur Company Ltd v Noble Spirits (AFRULA) The Western Cape High Court has handed down an important decision for brand owners: Southern Liqueur Company Ltd v Noble Spirits (Pty) Ltd [2024] ZAWCHC 387. Distell’s subsidiary, owner of the famous AMARULA cream liqueur … Read more

How courts moved from requiring proof of harm to recognising unfair advantage alone For years, dilution was the sleeping giant of South African trade mark law. It sat in section 34(1)(c) of the Trade Marks Act (used in infringement proceedings to stop unauthorised use) and section 10(17) (used in opposition or cancellation proceedings to prevent … Read more

We sometimes get asked: if a global brand owns a famous trade mark, does that mean I can’t use the same name at all in South Africa? The short answer is “not necessarily,” but the law is complex and evolving. To illustrate, we recently advised a fintech company that wanted to register the brand VOOM … Read more

E-commerce has transformed how South Africans buy and sell goods. Platforms that connect small sellers with buyers have democratised retail and given entrepreneurs access to nationwide audiences. But these platforms also face a persistent risk: counterfeit goods. Recently, BrandLaw represented a foreign-based online marketplace, operating in South Africa, accused by luxury and outdoor brands of … Read more

In an era where online marketplaces dominate the retail sector, the issue of counterfeit goods has never been more pressing. Retail platforms, particularly those allowing independent third-party sellers, find themselves at the crossroads of innovation, commerce, and legal compliance. The question of liability for counterfeit goods sold on these platforms is complex and multifaceted. This … Read more

Does a company name give you rights to your brand? No. Most people, even lawyers, get this wrong.  A registered company name does not provide exclusivity to a name, nor necessarily the rights to actually use it. Only trademark rights can provide rights to a name. Is there any value to searching the CIPC company … Read more

In 2022, the Competition Commission of South Africa detailed plans to regulate the digital space. It focused on online platforms in eCommerce, app stores, travel and accommodation, food delivery, and online classified ads, and aimed to address competition issues among platforms and between businesses using them. The targets are “leading platforms,” including well-known names like … Read more