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FIFA may try first copyright test in South Africa
World Cup 2010 - 25 October, 2007
The strict FIFA copyright interpretation may soon get its first strong test in South Africa.
The firm of Spoor & Fisher, which represents FIFA in South Africa, will soon launch a test case. A partner in the firm wants to cancel a design that FIFA worries will profit from the 2010 World Cup.
The design includes 2010-labeled footballs.
How FIFA fares in a first case will be a good indicator of how far the football governing body can take legal action for its 2010 standards.
Owen Dean, a Spoor & Fisher partner, said the test was whether a design registration could be cancelled on the grounds that the sale of an article to which the design applied was unlawful.
"This logical process has never been tested in South Africa," he said.
FIFA likely will have many of its trademarks protected in the upcoming Merchandise Marks Act.
The firm of Spoor & Fisher, which represents FIFA in South Africa, will soon launch a test case. A partner in the firm wants to cancel a design that FIFA worries will profit from the 2010 World Cup.
The design includes 2010-labeled footballs.
How FIFA fares in a first case will be a good indicator of how far the football governing body can take legal action for its 2010 standards.
Owen Dean, a Spoor & Fisher partner, said the test was whether a design registration could be cancelled on the grounds that the sale of an article to which the design applied was unlawful.
"This logical process has never been tested in South Africa," he said.
FIFA likely will have many of its trademarks protected in the upcoming Merchandise Marks Act.
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