n Without Prejudice - Open season for comparative advertising? : intellectual property

Volume 7, Issue 6
  • ISSN : 1681-178X



A recent judgement in the case of handed down by the Supreme Court of Appeal has reduced the scope of protection hitherto afforded by a registered trade mark. The Appeal Court found that s34(1)(a) of the Trade Marks Act (which deals with primary infringement) cannot be interpreted to give protection that goes beyond protecting the mark as a badge of origin.

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