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When a trader adopts words in common use for his trade name, some risk of confusion is inevitable. But the risk must run unless the first user is allowed to unfairly monopolise the words. This dictum from a 1946 House of Lords judgement still holds true today in trade mark law. The Yuppiechef decision On September 15, 2016 the South African Supreme Court of Appeal (SCA) dismissed an appeal by Yuppiechef against Yuppiegadgets based on…
The intellectual property of insurers and intermediaries is a valuable asset. In some circumstances royalties can be paid for the use of someone else’s brand or other intellectual property. Intellectual property needs to be protected in relation to intermediary, binder, outsource and other arrangements. Join us at an IP breakfast seminar on 23 February 2016 at Norton Rose Fulbright’s Johannesburg offices. If you are interested in attending please click here to register.…
The United States Court of Appeals has ruled that a sequence of twenty six yoga poses developed by Bikram Choudhury, published in a book in 1979 with descriptions, photographs and drawings and taught as part of a teacher training course since 1994, could not be the subject of copyright protection because it was an idea, process or system designed to improve health rather than the expression of an idea. The court held that because…
The United States Court of Appeals has ruled that a sequence of twenty six yoga poses developed by Bikram Choudhury, published in a book in 1979 with descriptions, photographs and drawings and taught as part of a teacher training course since 1994, could not be the subject of copyright protection because it was an idea, process or system designed to improve health rather than the expression of an idea. The court held that because the…