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.
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South Africa, advertising, Frankies, Woolworths
