Tag: trademark infringement

In the world of social media influencers and content creators, a face can sometimes be more valuable than gold. Through strategic commercialisation, public figures now build empires based on their identity. This is possible because of one powerful tool: image rights. To understand image rights, we must first understand the right to identity.

Trademark practitioners always get excited when the shape of a product finds itself at the centre of a trademark dispute. Although the shape of goods generally finds itself at the very bottom of the spectrum when it comes to distinctiveness and public perception, most trademark legislation worldwide allows for shapes to be registrable as trademarks.

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.

Many companies have long engaged in Corporate Social Responsibility (CSR) programmes involving sustainability, ethics and social impact that aim to give back to society. South African business is no different and, now more than ever, CSR is a must have for businesses wanting to protect their brand during the COVID-19 pandemic. Perhaps, the real brand risk currently is for business not to act.