n Without Prejudice - Decoration as a defence : intellectual property
|Article Title||Decoration as a defence : intellectual property|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Author||Philip Haupt and Nishan Singh|
|Publication Date||Oct 2010|
|Pages||14 - 15|
The Supreme Court of Appeal held in the Verimark case that use of a mark, other than as a trade mark, does not amount to trade mark infringement. A question that arises is whether or not the decorative use of a mark amounts to trade mark use and what factors should be taken into account in making the determination?
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