logo
#

Latest news with #import

South Africa Local trade marks v genuine imports: SCA ruling clarifies 'counterfeit' and 'infringement'
South Africa Local trade marks v genuine imports: SCA ruling clarifies 'counterfeit' and 'infringement'

Zawya

time16 hours ago

  • Business
  • Zawya

South Africa Local trade marks v genuine imports: SCA ruling clarifies 'counterfeit' and 'infringement'

When can genuine, brand name goods still be labelled 'counterfeit'? The Supreme Court of Appeal (SCA) has just answered that question in Yossi Barel v Popular Trading CC (handed down 23 June 2025) - and its guidance will matter to every South African company that imports, distributes or enforces branded products. Setting the scene How the brand began – Italian designer Enrico Coveri turned his colourful style into a global fashion label in the 1980s. When he passed away in 1990, his sister Silvana Anna Maria Coveri stepped in as general manager of Enrico Coveri S.r.l., which still licenses the mark internationally. The South African twist – The 'Enrico Coveri' trade mark was first registered here between 1985 and 1988, but the registration lapsed after renewal fees went unpaid in the wake of the designer's death. In the 2000s, local footwear manufacturer Yossi Barel registered the mark in his own name (including for footwear) and began selling shoes made in China and Turkey under the label. Parallel imports arrive – KwaZulu-Natal-based Popular Trading has brought in Enrico Coveri footwear for more than two decades. After an early stint with non-authentic stock from China, it has, since 2010, imported authentic Italian-made shoes supplied by the brand's licensed manufacturers. How the case unfolded Believing the imports infringed his South African registration, Yossi Barel obtained a search-and-seizure warrant under the Counterfeit Goods Act (CGA) in December 2021. Popular Trading persuaded the High Court to set the warrant aside; Yossi Barel appealed, sending the matter to the Supreme Court of Appeal (SCA). A three-judge majority dismissed the appeal, stressing that: - the seized shoes were genuine products from the Italian rights-holder; and - counterfeiting under the CGA requires proof of an intent to deceive, not merely an unauthorised use of a registered mark. Two judges dissented, favouring the view that any unauthorised use of Barel's registration should count as counterfeiting. Why does it matter? - Intent is now central. The majority read the word 'calculated' in the CGA as importing mens rea: you must prove the alleged counterfeiter meant consumers to think the goods came from the trade mark owner. Simply showing the mark was used without consent is no longer enough. - Authenticity defeats a 'counterfeit' claim. The court emphasised that genuine goods, even if they bear a trade mark registered by another party, do not constitute counterfeit goods if there is no intent to deceive. - Trade mark infringement and counterfeiting are distinct. Brand owners can still sue for civil infringement, but seizure-and-destruction remedies under the CGA demand proof of deliberate copying. The court held that not all acts of trade mark infringement amount to counterfeiting, as counterfeiting involves a high standard of deliberate and fraudulent infringement. - Importers gain clarity. Businesses that buy directly from authorised foreign suppliers can rely on documentation of authenticity to fend off counterfeit raids. Ultimately, the SCA has drawn a bright line: the Counterfeit Goods Act is a weapon against deliberate fakes, not a shortcut for brand owners to stop genuine parallel imports. Rights holders who want CGA relief must now arrive with hard evidence that the alleged infringer intended to deceive, while importers can shield themselves by keeping airtight documentation of their products' authentic, licensed origin. By insisting on proof of fraudulent intent, the Court rebalances the playing field - encouraging trade mark owners to keep their registrations current and their enforcement strategies proportionate and giving compliant distributors greater confidence that legitimate goods will not be swept up in 'counterfeit' raids. All rights reserved. © 2022. Provided by SyndiGate Media Inc. (

Buying a Mitsubishi? Prices Just Jumped
Buying a Mitsubishi? Prices Just Jumped

Auto Blog

time19-06-2025

  • Automotive
  • Auto Blog

Buying a Mitsubishi? Prices Just Jumped

Tariffs take another victim According to a new report by Reuters, Mitsubishi is the latest to join a growing list of automakers that are passing on the economic burden of tariffs and their effects on the supply chain directly onto the buyers of Outlanders, Outlander Sports, and its other vehicles. The newswire reports that as of June 18, prices for Mitsubishi vehicles sold in the U.S. will increase by an average of 2.1%, a move that the automaker itself claims is due to a combination of market factors and ongoing internal pricing evaluations. 2024 Mitsubishi Outlander Sport Trail Edition — Source: Mitsubishi The newswire states that Mitsubishi said the pricing adjustment was 'a direct result of our regular and ongoing review of pricing to ensure we are aligned with segment expectations.' This price increase comes at a time when tariffs and other import levies imposed by the Trump administration are making the cost of importing vehicles into the U.S. more expensive. However, Mitsubishi reassured consumers and concerned dealers that the price increase would not affect vehicles already on showroom floors or on dealer lots. It clarified that the price bump will apply to new cars shipped to dealers following June 18. Mitsubishi is especially affected by tariffs Mitsubishi's price increase comes on the heels of a temporary pause in deliveries triggered by Trump's tariff policy. In April, a Mitsubishi spokesperson said that the automaker was holding its vehicles at the port before any levies could be applied, as it awaited more color and clarity on the tariff situation. 'We are holding vehicles at the port until we have additional visibility on tariffs and decisions made on next steps,' the spokesperson told AutoNews on April 11. 'We have sufficient stock on the ground at dealers for the moment to not impact customer choice.' Autoblog Newsletter Autoblog brings you car news; expert reviews and exciting pictures and video. Research and compare vehicles, too. Sign up or sign in with Google Facebook Microsoft Apple By signing up I agree to the Terms of Use and acknowledge that I have read the Privacy Policy . You may unsubscribe from email communication at anytime. Compared to its Japanese automotive compatriots like Honda, Toyota, Subaru, and Nissan, Mitsubishi is in a precarious position. While its contemporaries produce U.S.-market cars in several states in the Midwest and American South, Mitsubishi imports every single Outlander, Mirage, Outlander Sport crossover, and Eclipse Cross it sells in the United States from Japan, prime candidates for 25% tariffs when they land at the port. 2025 Mitsubishi Outlander — Source: Mitsubishi Despite the tariff stress, Mitsubishi seems to be doing well in the United States. In Q1 2025, year-over-year sales increased by 11%. Last year, the company sold 110,000 vehicles, a 26% year-over-year increase and the best U.S. sales year for Mitsubishi since 2019. Mitsubishi credits this growth to its refreshed product lineup and the strong performance of the Outlander and Outlander Sport models in a competitive compact SUV market. However, the auto industry is showing coping mechanisms as tariffs reshape the cost of business. Last month, Subaru of America raised prices on multiple models by up to $2,055, citing 'current market conditions.' Weeks earlier, Ford became one of the first major automakers to respond to the new tariffs directly, increasing prices on three Mexican-made models by as much as $2,000. Additionally, Volvo's new order guide for 2026 shows several price increases, with some as high as $3,200. Final thoughts It seems that the tariff fiasco will not go away very soon. Last week, President Trump warned that he may raise the 25% auto tariffs, arguing that it could be an incentive for automakers to accelerate U.S. investments. 'I might go up with that tariff in the not-too-distant future,' Trump said on June 12. 'The higher you go, the more likely it is they build a plant here.' The tariff troubles are showing results in economic activity. According to Nikkei Asia, new data shows that Japan's total exports by value to the U.S. fell by 11% year-over-year, and the number of cars exported from Japan to the U.S. fell by 3.9%. To make matters worse, Japanese Prime Minister Shigeru Ishiba and Trump were unable to strike a tariff deal at a meeting on the sidelines of the G7 summit this week, as they couldn't agree on tariffs on Japanese automobiles, something the U.S. considers to be a main cause of its trade deficit with Japan. About the Author James Ochoa View Profile

Musandam Governorate holds meeting to boost exports, imports and logistics
Musandam Governorate holds meeting to boost exports, imports and logistics

Times of Oman

time18-06-2025

  • Business
  • Times of Oman

Musandam Governorate holds meeting to boost exports, imports and logistics

Khasab: Sayyid Ibrahim Said Al Busaidi, Governor of Musandam chaired a meeting today with government officials, private sector representatives, specialists, and members of the municipal council to discuss ways to enhance export and import activities through the governorate's official ports, particularly Khasab Port, which serves as a vital hub for economic development in the region. The meeting comes as part of broader efforts to maximise the benefits of Musandam's strategic location and logistical potential, supporting economic growth and contributing to the national objectives outlined in Oman Vision 2040. Discussions focused on streamlining the movement of goods, developing infrastructure to strengthen the logistics sector, and exploring mechanisms to boost cross-border trade while increasing local value-added through export promotion and import diversification. The attendees also emphasised the importance of generating direct and indirect employment opportunities for the locals of Musandam through these activities, reinforcing sustainable development in the governorate.

Ukrainian MPs allow sale of petrol without mandatory 5% bioethanol until January 1
Ukrainian MPs allow sale of petrol without mandatory 5% bioethanol until January 1

Reuters

time18-06-2025

  • Business
  • Reuters

Ukrainian MPs allow sale of petrol without mandatory 5% bioethanol until January 1

KYIV, June 18 (Reuters) - Ukraine's parliament has until the end of this year temporarily authorised the sale of petrol without the mandatory 5% bioethanol content, cancelling fines and other penalties for companies selling such petrol, lawmakers said on Wednesday. Ukraine introduced the mandatory addition of 5% bioethanol to motor fuel from May 1 to meet EU sustainability regulations. Lawmakers and authors of the law have not explained the reason for the amendment, but market sources say the refusal to impose fines and to allow the sale of petrol without bioethanol has been prompted by fears of possible fuel shortages. Ukraine does not officially disclose the volume of domestic fuel production as most of its facilities have been repeatedly attacked by Russian missiles and drones. Ukraine imported about 1.2 million tons of petrol in 2024.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store