Friday, 30 January 2009

More on the Springbok emblem

The saga over ownership of the Springbok emblem continues. The latest report by SuperSport is that the Govt do not own the emblem, SARU does. For your reading click here.

One wonders if everyone is not missing the boat, certainly from a trade mark point of view - if the function of a trade mark is to indicate the origin of the services/goods in respect of which the trade mark (in this case the Springbok emblem) is used and there is so much debate about origin/ownership, then perhaps nobody owns it? Furthermore, does the emblem, as a traditional national symbol once used in respect of all sports, indicate origin at all ie is it a trade mark? And of course, does the owner of the copyright in the emblem co-incide with the alleged trade mark ownership if copyright still subsists in the emblem? Readers will be aware that a trade mark registration certificate is only first glance proof of valid title.

...another debate for the braai

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