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Tag: badge of origin

Naming a new and unique thing

“If a man (or woman) invents a new article and protects it by a patent, then during the term of the patent, they will of course have a legal monopoly, but when the patent expires all the world may make the article, and if they may make the article they may say that they are making the article, and for that purpose use the name which the patentee has attached to it during the time when he had the legal monopoly of the manufacture.” - Lord Davey in the case of Cellular Clothing Co v Maxton & Murray

A horse by the same name?

The Pretoria High Court has ordered the cancellation of many trade marks in the name of LA Group (Pty) Limited, including for POLO and logos which include a polo player and pony.  The court found that the marks were not distinctive and do not function as a badge of origin.    


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