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Discovery vs Liberty – When is use of a trade mark...

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Various Discovery companies took Liberty Group Limited to court over Liberty’s use of Discovery’s VITALITY and DISCOVERY registered trademarks in relation to the Liberty Lifestyle Protection Plan.

A horse by the same name?

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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.    

Trade marks – use it or lose it!

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It is important that a trade mark is used as non-use could lead to the cancellation of the mark, if it has not been used for 5 years, which is illustrated by the PRIMARK case which has resulted in the removal of the mark from the South African trade marks register.

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