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ARTICLE · 06 FEBRUARY 2015

Rolls Royce, Rappers And Trade Mark Dilution

There’s been quite a bit in the news about Rolls Royce going after a rapper in the USA.

South AfricaIntellectual Property

There's been quite a bit in the news about Rolls Royce going after a rapper in the USA.  The rapper goes by the name of Royce Rizzy, but the complaint is apparently not limited to the singer's name, but extends to the fact that he's also made some use of the Rolls Royce name and logo.

As the rapper is presumably not in the business of making aircraft engines or luxury motor vehicles, we can probably assume that the parties aren't in competition, and that the complaint deals with what many of us simply refer to as 'dilution'. The term isn't strictly accurate because it refers to a form of trade mark protection that covers any unauthorised use of a registered trade mark that is well known, if that use either dilutes or tarnishes the registered trade mark, or takes unfair advantage of its reputation.  Confusion as to the origin of the products is not a requirement.

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