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Appeal court votes against IEC for its handling of DA-De Lille dispute
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JUST IN | Malema loses defamation appeal against ex-EFF MP who says he confessed to getting VBS loot
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Delene Bertasso
is a senior associate in law firm ENSafrica’s Intellectual Property (IP) department, and is a qualified trade mark practitioner.
The South African Supreme Court of Appeal recently considered the claim of “passing off” in Koni Multinational Brands v Beiersdorf AG. The case concerned shower/bath products and the well-known brand Nivea, which is owned by the German company Beiersdorf.
So, what came out in the wash?
Nivea has been keeping us clean for some time. Beiersdorf commenced business in 1882 and the company’s brand, Nivea, was first adopted in 1911. The get-up for Nivea products has featured the colour combination blue and white (white font on a blue background) since 1925; the product Nivea Men has been around since 1986, and in 2008 there was a revamp of the get-up with the addition of the colour silver.
The judgment in former president Jacob Zuma’s failed bid to overturn a high court ruling that the state is not liable for his considerable legal fees in his corruption case was handed down by judges Visvanathan Ponnan, Nambitha Dambuza, Tati Makgoka and acting judges Ashton Schippers and Trevor Gorven on 13 April 2021.
The punitive costs, said Ponnan, served “as a mark of displeasure and to vindicate the integrity of the court”.
A repayment order of the estimated R15-million bill might “well be essential to remedy the abuse of public resources; vindicate the rule of law; and reaffirm the constitutional principles of accountability and transparency, especially by a former incumbent of the highest office in the land”.
weekly newspaper.
It takes a brave legal team to contest a 4-1 majority ruling by the Supreme Court of Appeal. But that is the decision taken by a group of lawyers representing groups opposed to the expansion of one of South Africa’s biggest anthracite coal mines. Their position is that government has a constitutional duty to safeguard their health and the environment by providing carefully considered authorisation for all major developments – including mining industry activities that have long been shielded from direct oversight by the Department of Environmental Affairs.
But while this battle drags on in the genteel atmosphere of courtrooms, the people affected by 14 years of mining in the Somkhele area near Mtubatuba in KwaZulu-Natal have been living with water and air pollution. They have been pulled apart by violent conflicts, lost homes and farming land and faced the murder of 63-year-old anti-mining campaigner, Mam’ Fikile Ntshangase, by three unknown gunmen in Octobe
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