Tag: TrademarkLaw
When a trade mark ruling goes too far
The recent decision in Soft Coffee (Pty) Ltd vs Nonnas Pasta (Pty) Ltd and Others (Case No. 088838/2025, High Court of South Africa, Gauteng Division is, in many respects, a model of how trade mark infringement should be adjudicated. The court decisively stripped away irrelevant noise. It remained faithful to the notional use doctrine and rigorously disposed of a section 36 defence that the respondent had never properly pleaded.
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.
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.
