tag:blogger.com,1999:blog-5574479.post6953331346255700247..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: Ferrero v FIFA (in the World Cup trade mark dispute) -- 1:0 says the German BGHVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-5574479.post-37026063820209035302009-11-23T09:24:20.264+00:002009-11-23T09:24:20.264+00:00One must be careful when evaluating the relevance...One must be careful when evaluating the relevance and significance of foreign judgments and the like pertaining to ambush marketing to bear in mind that few countries at this stage (and certainly not Germany at the time of the 2006 Soccer World Cup) have an equivalent to section 15A of our Merchandise Marks Act. This section renders unlawful in South Africa ambush marketing by intrusion which form of ambush marketing is not unlawful in those other countries. Accordingly forms of ambush marketing and registration of trade marks which could not be stopped in other countries will probably experience an entirely different fate in South Africa where they relate to an event that has been declared a protected event under our section. An application for a trade mark in South Africa, which trade mark will in use offend against section 15A, ought to be refused registration in terms of section 10(12) of the Trade Marks Act.Owen Deannoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-10802945358349376542009-11-14T17:29:43.686+00:002009-11-14T17:29:43.686+00:00A very quick search reveals that FIFA has a large ...A very quick search reveals that FIFA has a large collection of Community trade marks including several "2010" ones http://oami.europa.eu/CTMOnline/RequestManager/en_Result_NoReg. Ferrero's German ones include 303246219 (http://register.dpma.de/DPMAregister/marke/register/2248418/303246219/DE), 304374482 and 304374490). Perhaps FIFA have some German ones too. Both parties have "WM 2010" registered, for identical goods, with Ferrero's being older (2003). Interesting to note that FIFA seem to have stockpiled registrations covering potential hosts for future years - am I right?Peter Groveshttps://www.blogger.com/profile/05020506617934637856noreply@blogger.com