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South Africa Case Law

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Intellectual Property [2009] ZASCA 86

On-line Lottery Services (Pty) Ltd v National Lotteries Board and Another (536/2008)

On-line Lottery Services (Pty) Ltd v National Lotteries Board and Another (536/2008) [2009] ZASCA 86; [2009] 4 All SA 470 (SCA); 2010 (5) SA 349 (SCA); 2009 BIP 172 (SCA) (7 September 2009)

The Supreme Court of Appeal held that LOTTO was generic and not registrable for the pleaded services, and found no passing off or Lotteries Act breach by On-Line.

  • Trade Mark Registrability
  • Distinctiveness
  • Passing Off
  • Expungement Of Trade Mark
  • Unlawful Competition
  • Trade-mark-registrability
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.