Likonelo Magagula (SA)

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The risky business of allusive trade marks in South Africa

By Likonelo Magagula (SA) on September 21, 2016 Posted in Trademark

When a trader adopts words in common use for his trade name, some risk of confusion is inevitable. But the risk must run unless the first user is allowed to unfairly monopolise the words. This dictum from a 1946 House of Lords judgement still holds true today in trade mark law. The Yuppiechef decision On … Continue reading

Can you copyright your yoga routine?

By Likonelo Magagula (SA) on November 19, 2015 Posted in Copyright

The United States Court of Appeals has ruled that a sequence of twenty six yoga poses developed by Bikram Choudhury, published in a book in 1979 with descriptions, photographs and drawings and taught as part of a teacher training course since 1994, could not be the subject of copyright protection because it was an idea, … Continue reading