South Africa's East Coast Radio listeners recently got a
great beginners' class in trade mark law. It would be a shame
if all the people who missed the broadcast lost out.
The discussion dealt with a dispute involving the fast-food
chain Chicken Licken and a small Durban vegan restaurant called Oh
My Soul. It featured an interview with the couple who own the
restuarant, Tallulah and Richard Duffin, as well as the attorney
acting for Chicken Licken. The trade mark issue is that Chicken
Licken has registrations for trade marks that include the words
"soul", such as Soul and Bless My Soul, and that cover
restaurant services, and it feels that the couple are using a trade
mark that is too close.
