IP Infringement & Counterfeiting

Stopping copycats, counterfeiters and online infringers quickly and effectively.

When a competitor copies your brand, content or product, fast action protects your market share and reputation. South African law offers strong remedies under the Trade Marks Act, the Copyright Act, the Counterfeit Goods Act and the common law of passing off and unlawful competition. We act for rights holders enforcing their IP, and for businesses accused of infringement.

Where we assist

  • Letters of demand: firm, well-founded demands that resolve most matters without litigation.
  • Urgent interdicts: court orders to stop infringing use, sales or imports.
  • Counterfeit goods: complaints, search and seizure, and customs detention under the Counterfeit Goods Act.
  • Online infringement: takedown requests to platforms, marketplaces and hosts.
  • Domain names: disputes over abusive or infringing domain registrations.
  • Defence: advising businesses that receive infringement claims or letters of demand.

Infringement and passing off

A registered trade mark is infringed by unauthorised use of an identical or confusingly similar mark for the same or similar goods or services. Where a mark is not registered, the owner may rely on passing off, which requires proof of reputation and a likelihood of confusion, a more demanding and expensive case.

Counterfeit goods

The Counterfeit Goods Act allows rights holders to lay complaints that can lead to search and seizure of counterfeit goods, and to ask SARS Customs to detain suspected counterfeit goods at the border. Dealing in counterfeit goods is also a criminal offence.

Common situations

We act when:

  • A competitor launches a confusingly similar name or logo.
  • Counterfeit versions of your products are being sold or imported.
  • Your website content, photographs or software have been copied.
  • Someone registers a domain name or social media handle using your brand.
  • A former employee or partner uses your confidential information.
  • You receive a letter of demand alleging that you infringe.

How we enforce your rights

Proportionate, commercial and decisive.

  1. Gather evidence
    We capture and preserve evidence of the infringement, such as screenshots, test purchases, invoices and examples of confusion.
  2. Assess your rights
    We confirm what rights you hold, such as registrations, copyright and reputation, and the strength of the claim.
  3. Letter of demand
    A clear demand sets out your rights and requires the infringer to stop, give undertakings and, where appropriate, deliver up infringing goods.
  4. Takedown and customs
    In parallel, we can request platform takedowns and engage customs or the police for counterfeit goods.
  5. Court action
    If the infringer does not comply, we apply for an interdict and pursue damages, a reasonable royalty or other relief.

Delay can weaken your case, particularly when you need urgent relief. If you discover infringement, preserve the evidence and get advice quickly. Equally, threats of infringement proceedings should not be made lightly, so let us review your position before a demand is sent.

GET IN TOUCH

What to prepare

Helpful information for a first meeting.

  • Proof of your rights, such as trade mark certificates or evidence of creation.
  • Examples of the infringing goods, content or use, with dates.
  • Evidence of your reputation, such as sales figures and marketing.
  • Any instances of customer confusion.
  • Correspondence with the infringer, if any.

Common Questions

Possibly, through passing off, but you must prove a reputation in the brand and a likelihood of confusion. A registered trade mark gives much stronger and simpler rights.
Remedies can include an interdict, removal or delivery up of infringing goods, and damages. For trade mark infringement, the court can award a reasonable royalty instead of damages, which can be easier to prove.
Under the Counterfeit Goods Act, action can be taken quickly through complaints to inspectors or the police and through customs detention. Applications for customs detention should be in place before goods arrive.
For .za domains, the ADR Regulations allow complaints about abusive or offensive registrations. For .com and other generic domains, the UDRP procedure is usually used. Both are faster and cheaper than court.
Do not ignore it, and do not admit liability before getting advice. Many claims can be resolved by changing a name or design, by negotiating a transition period or by showing that the claim is weak.

BEING COPIED?

We act quickly to stop infringement and counterfeiting, and to protect the value of your brand and content.

Read more: Trade mark registration · Interdicts and urgent applications · Copyright protection

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This page is general information and not legal advice.

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