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In a judgment that was handed down by the High Court in Pretoria on 11 May 2022, a portion of the Divorce Act was declared unconstitutional. Social media is abuzz with articles relating to the different legal principles...

A recent case, Mashisane v Mhlauli which was moved up to the Supreme Court of Appeal, shed light on the challenges surrounding customary marriages and marital property agreements.

When judgment is granted, the creditor may issue a document referred to as a warrant of execution at the Court that granted the judgment in question.

How should courts balance a tailored statutory appeal with the broader scope of judicial review in administrative decisions? In Commissioner for the South African Revenue Service...

The judgment in Taxpayer Boerdery v CSARS, 20 March 2024, serves as a reminder that taxpayers should carefully consider the substance of an arrangement, rather than the form in which it is wrapped.

Major damages awards are rare in South African IP cases – we've certainly never seen anything like the US$1-billon that was awarded in the USA in a case involving Apple and Samsung.

A few months back, we reported on the decision of the Advertising Standards Authority of South Africa (ASA) in the case of SAB v Brandhouse in the matter involving Castle Lite and Amstel Lite.

The chances are that it was created for you by an outsider, quite possibly by a design or branding agency.

In this article, we look at two recent trade mark opposition decisions. These remind us of the many issues that need to be considered when comparing trade marks.

We've previously touched on the case of Lucky Star Ltd v Lucky Brands (Pty) Ltd. This litigation recently came to an end when the Supreme Court of Appeal ("SCA") upheld the first court's finding.

The law around ownership of the copyright subsisting in databases where two independent parties contributed to the final work.

The South African Trade Marks Act creates various defences to trade mark infringement. One of these is known as the ‘own name defence'.

There was an interesting published by the BBC recently, "Virgin sues partner over claims about its brand value".

A KwaZulu-Natal High Court judgment dismisses an aspiring legal practitioner's application for leave to appeal after she was found to have made deliberate false statements and material non-disclosures under oath during her admission application. The court's decision reinforces the profession's unwavering standards for honesty and integrity, distinguishing between negligent omissions and deliberate dishonesty in the admission process.

Rule 23 of the Uniform Rules of Court enables a litigant, within the time-period afforded of course, to deliver an exception in response to a pleading.

The Free State Division of the High Court recently handed down judgment in the case of Mbombi and Another v BMW Financial Services SA (Pty) Ltd...

The abandonment by the plaintiff of a judgment erroneously granted against a defendant is not sufficient to defeat a special plea of res judicata.