The ASA has proved one of the most expedient and cost-effective forums for dealing with contentious issues pertaining to trademarks, trade names or symbols, rather than launching proceedings in the High Court.
The Advertising Standards Authority of South Africa (ASA), has proved to be one of the most expedient and cost-effective forums for dealing with contentious issues pertaining to trademarks, trade names or symbols, rather than launching proceedings in the High Court.
More often than not, trademark proprietors or individuals/entities who have common law rights in a trademark, trade name or symbol opt to utilise the ASA to obtain the requisite relief, where appropriate.
Frankies Olde Soft Drinks CC (Frankies) v Woolworths (Pty) Limited (Woolworths) is one case that comes to mind. Frankies opted to utilise the ASA by lodging a competitor complaint against Woolworths over its use of the phrase ‘Good Old Fashioned’ on soft drinks for sale at its establishments throughout South Africa.
To continue reading, you need a subscription to WIPR. Start a subscription to WIPR for £455.
In-house feature articles, the archive and expert comment require a paid subscription. Subscribe now.
Want to give it a try? We are offering a two week free trial to the WIPR website – register and select “Free Trial” to begin access to the full WIPR archive and read the latest news, features and expert comment. Begin your free trial here.
Is your 2 week free trial about to end? Upgrade to a 12 month subscription for £455 now.
If you have already subscribed please login.
If you have any technical issues please email James Lynn on email@example.com.
South Africa, advertising, Frankies, Woolworths