Written by Danisha Naidu (Candidate Attorney) and checked by Danmari Duguid (Associate) Introduction Benjamin Franklin famously noted that there are only two guarantees in life – death and taxes. In this article, we deal with the former of these two guarantees by further delving into who is allowed to make the final decisions in relation

Case summary written by Megan Brook and checked by Simone Jansen van Rensburg 22 February 2021 Background facts Hestelle De Bruyn (“First Respondent”) and Michelle Anthony (“Second Respondent”) were employed by Trendy Greenies (Pty) Ltd t/a Sorbet George (“Applicant”) in 2018. The First and Second Respondents received extensive training in cosmetic products in the course

Witten by Nombuyiselo Mvelase and checked by Kirsten Chetty 22 February 2021 Background The application in question has been brought before the Eastern Cape High Court to interdict the safety protocols and measures that have been implemented by the North End prison facility (the “prison”) to prevent the spread of COVID-19 throughout the prison, which

By Chantelle Gladwin-Wood, Partner and Maike Gohl, Junior Partner 16 February 2021 INTRODUCTION This article examines the thorny issue of when engineering contributions demanded by the municipality prescribe.[1] Our firm’s prior articles on the topic have become obsolete due to changes in the law. This article seeks to deal with the updated situation since the

CLE written by Elani Vogel and checked by Loyiso Bavuma 19 February 2021 Introduction This CLE comprises two cases, both focusing on trademark infringement in terms of s34(1)(a) and (c) of the Trade Marks Act 194 of 1993 (“the Act”). The applicant in both cases is Golden Fried Chicken (Pty) Ltd, trading as the well-known

By Chantelle Gladwin-Wood (Partner) and Maike Gohl (Partner) 11 February 2021 Introduction This article takes a critical look at the City of Johannesburg Metropolitan Municipality (“COJ”)’s proposed 2021/2022 rates policy. The COJ is currently in the process of conducting public meetings relating to the proposed changes to the policy, which will take effect on 1

Case summary written by Angela Paschalides and checked by Michal Asoulin and Charlotte Clarke (Solicitor of England and Wales) 11 February 2021 Background The High Court of Justice of England and Wales (Commercial Court, Queen’s Bench Division) (the “Court”) heard a case wherein I.F.T. S.A.L. Offshore (the “Claimant”) made an application for pre-action disclosure against

Case summary written by Alisha Naik and checked by Kirsten Chetty. 01 February 2021 Background Nombulelo Cynthia Chiloane (“the Employee”) was said to have cashed a company cheque without following Standard Bank Limited’s (“the Employer”) internal procedures. It later transpired that the cashed cheque was fraudulent, which caused the Employer a loss of approximately R30,000.00.

Case summary written by Celeste Frank and checked by Jordan Dias. 03 February 2021 Background The Respondent, Apple Inc. (“Apple”), applied to register its IWATCH trademark. The Appellant, Swatch AG (“Swatch”), opposed these applications contending that the IWATCH and SWATCH marks were confusingly similar and that the IWATCH mark was likely to deceive or cause

By Blake Hamilton, Candidate Attorney and Chantelle Gladwin-Wood, Partner 22 January 2021 Introduction The world is being propelled into utter turmoil with the emergence of the Covid-19 pandemic. It has been almost a year since the global pandemic struck South Africa, and for many months, people around the world have had to restructure their lifestyles, buying