Wednesday, 9 December 2009

Teazers teaser

This member of Afro-IP wanted to cast her vote in the Teazers poll, but decided she needed further clarification. The original report says that Afrikaans TV channel kykNET (just look) is alleging traditional infringement ito s34(1)(a). She wondered what the registered mark looks like – presumably the words ‘kyk’ and ‘net’ have been disclaimed separately and apart from the mark? Also, does the classification cover ‘live entertainment of an explicit adult nature’?
If it does not, the alternative claim appears be based on the dilution provisions of s 34(1)(c). Here, both unfair advantage and detriment are claimed by kykNET. The allegation of ‘unfair advantage’ seems unwise, despite the fact that the goings-on of some celebrities featured on kykNET seem more appropriate to an environment like Teazers.

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