داستان آبیدیک

unlawful competition


فارسی

1 قرارداد و اسناد تجاری:: رقابت غیر قانونی

It is clear from the above that the protection of the 2012 London Games against ambush marketing in terms of special legislation (i.e. over and above the more traditional bases such as intellectual property laws and unlawful competition and passing off) is very extensive. grounds to combat ambush marketing (such as action under the Trademarks Act, the Copyright Act, unlawful competition and passing off, etc.) as well as of other suggested legislative amendments at the time.311 There are five main differences between the protection provided by the MMA and normal trademark law, as summarised by a report by the South African country reporters to the International Association for the Protection of Intellectual Property (AIPPI),312 namely: section 15A of the MMA were brought in conjunction with other (mainly common law unlawful competition) claims. An application was launched in the Gauteng North High Court claiming interdicts against the tavern owners on the grounds of infringing FIFA's registered trademarks ('WORLD CUP 2010,' 'SOUTH AFRICA 2010' and 'TWENTY TEN SOUTH AFRICA'), for passing off under the common law, and unlawful competition through the violation of section 15A of the Merchandise Marks Act and Section 9(d) of the Trade Practises Act. FIFA's claims therefore related to whether the Respondent's conduct consti- tuted a statutory trademark infringement in terms of section 34(1) of the Trade- marks Act, 1993,324 whether such conduct constituted passing off, or whether it constituted unlawful competition in contravention of the Merchandise Marks and Trade Practises Acts (i.e. the standard causes of action as per the template for civil actions against potential ambush marketers as developed by FIFA and its local legal representatives as an integral part of its anti-ambush marketing strategy).

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