Tag: BrandProtection
Product get-up – when imitation becomes infringement
Standing out in a competitive market and attracting consumers’ attention is not easy. To achieve this, a product’s overall appearance, known as its “get-up”, should be distinctive. A product’s get-up encompasses far more than its name or logo. It includes colours, packaging, shape, layout, graphics, labels and other distinctive visual features that consumers associate with a specific product.
China’s trade mark reforms – raising the stakes for SA brands
Brand owners doing business in China are being put on notice. From 1 January 2027, the State Council can cancel trade marks registered in bad faith. It can also cancel marks that have become generic or have not been used for three consecutive years without legitimate reason.
Counterfeit goods protection – Zambia strengthens border control
Zambia has taken a significant step towards stopping counterfeit goods at the border. It has introduced a new Trade Marks Act. However, the new trade mark enforcement system will only become operational once the Regulations are promulgated.
Trademark dispute – Katy Perry vs Katie Perry
Katy is a hugely successful American pop star. Her fame carried her to extraterrestrial heights and even extended briefly into outer space for an unforgettable 10 minutes and 21 seconds. Beyond her music career, she has established a suite of companies to safeguard her various commercial ventures. Killer Queen, LLC serves as the vehicle through which she protects and manages her intellectual property rights.
Digital interface branding – the new brand battleground
Digital business is the new frontier of modern entrepreneurship, and applications (apps) have become the gateway to almost every service imaginable. In a global economy driven by interconnectivity and advancing technology, start-up companies in all digital industries, particularly in FinTech, are quickly becoming the Oil and Rail industry equivalent of the 21st century.
A spicy trade dress dispute – TABASCO® meets Vodka
What do vodka and pepper sauce have in common? Surprisingly, their packaging. In January 2026, the McIlhenny Company filed a lawsuit in a Texas federal court. It targeted Stoli Group (USA) LLC. The claim alleges that Stoli’s new “Halapeño Pepper” vodka infringes on TABASCO® pepper sauce trade dress. This marks the start of a spicy trade dress dispute.
Luxury dupes – IP law, influencers and SARS
The South African media have recently reported growing concern within SARS about the online promotion of so-called “luxury dupes”. Dupes are short for “duplicates” and represent products that mimic well-known luxury brands and are often promoted on TikTok, Instagram and other social platforms, but at a fraction of the price.
Nice Classification 13th edition adoption – key trademark changes
South Africa has officially adopted the 13th Edition of the Nice Classification (NCL 13-26) with effect from 1 January 2026. The World Intellectual Property Office implemented this edition on the same date. The Companies and Intellectual Property Commission (CIPC) gave notice through Practice Note 3 of 2025, published on 9 December 2025. The notice confirms that the updated classification applies to all trademark specifications from 1 January 2026.
