The burgeoning use of social media and online marketing tools has seen more and more people turning to the world wide digital community to help them drive their interests and offer their contemporaries free-to-access content.
The conclusion to this case may have been different had Truworths been able to produce convincing evidence that the public perception was such that the trade mark THE LOOK was a so-called 'badge of origin' for its clothes. Such evidence would have needed to have been independent and illustrating more than just use of the mark. However, in light of the lack thereof, Truworths will no longer be able to rely on it having "the look" exclusively.
* GabyMeintjes is a senior associate in the Intellectual Property law department at Fairbridges Attorneys in Cape Town, South Africa.
|Andre Van der Merwe|
|Similarity Tool Disclaimer|
|Best mates: Campinos & Dos Santos|
|A Zambian citenge depicting a village scene.|
(This is the one Little Leo has with her far from home,
so this is the one that gets pictured.)
|SLA 3D Printer used by Rabbit|