Thursday, 17 December 2009

We're outta here!

Firewater Interactive (http://www.firewater.net/) is closed from the 18th Dec 2009 to the 11th Jan 2009. Some say it’s a long holiday. I say HELL YEAH! We partied hard enough this year and we need the rest!

Monday, 14 December 2009

Firewater Light >> We're going on holiday!





Happy Holidays!

Wishing you and your family happy holidays from Firewater Light!

We close on Friday the 18th of December 2009 and re-open on Monday 11th of January 2010.

In case of emergency please contact 082 603 8650.

Tel: +27 11 262 6056
Fax: +27 11 262 6057

Physical: First Floor, West Block
8 Commerce Crescent
Kramerville, Sandton
2196, South Africa

Office & Showroom Hours:
9am - 5pm (Monday to Friday)

Website: www.firewaterlight.net


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Monday, 7 December 2009

Distinctive IP Issue no.26, CENTURY CITY AND THE PAPER GENERATORS

CENTURY CITY AND THE PAPER GENERATORS

Issue 26, 7 December 2009 CENTURY CITY AND THE PAPER GENERATORS

The Supreme Court of Appeal’s recent decision in the Century City case has been fairly well reported. The court held that the trade mark registrations for Century City belonging to the home owner’s association were invalid. Why? Because Century City is a geographical term and the law says that a mark must not consist exclusively of a sign or indication that may serve in trade to designate the geographical origin of the goods or services. What made this unusual is that Century City is a commercial and residential development rather than a town or suburb. Yet the scale is such - it’s referred to as a ‘city within a city’ – that the court felt that, although it may not have been a geographical term when the mark was registered in 1997, it is now. And the court held that in South Africa it’s not necessary to show that the trade mark owner was to blame for the name becoming geographical.

But the most interesting part of the judgement is the sharp criticism of the way lawyers run trade mark cases, and how they allow costs to soar by filing loads of paper. A while back the Appeal Court complained bitterly about the fact that 720 pages had been filed, not to mention 57 pages of Heads of Argument, in a case that the judge contemptuously described as one brought by a company about the ‘wrapping of its coconut biscuits.’

In the Century City case, Judge Harms, who’s often good for a quote, was incandescent about the record of 1157 pages. He had this to say:

‘Trade mark cases have developed into paper wars, in the apparent belief that the weight of papers of the respective parties determines the merits.’

And this:

‘Practitioners are paid to determine what the case is about and to make a value judgement about what is required and what not, and not only to photocopy documents. This should serve as a final warning also for counsel who tell us to read unnecessary paper.’

The problem isn’t limited to court documents of course! Look at your average cease and desist letter, which simply says ‘If you don’t stop doing what you're doing, we’ll get quite cross’ but runs to three pages. Or your average opinion, which says ‘You might have a case, but then again you might not’, which will run to ten pages or more. This ‘charge by the word’ and ‘bull$%*# baffles brains’ thinking really has to stop.

I’ve said enough!


PETA - Joanna Krupa

Wednesday, 2 December 2009

The World's Fastest Train (Made In France)

Guess the Frenchmen are planning to get outta there in a hurray!