Nishan Singh (Partner) & Kareema Shaik (Senior Associate)

IP IMPLICATIONS IN CYBERSPACESocial Media, Internet Memes, Domain Names & Keyword Advertising

The “marketplace” has changed

9/22/20172

e-Commerce is replacing brick and mortar businesses. The world is now populated by virtual store-fronts

Retail e-Commerce sales worldwide from 2014 to 2021 (in billion U.S. dollars)

IP proprietors face new challenges

9/22/20173

unauthorised use across millions of websites in multiple languages

global infringement can now occur on social media networks within seconds

enforcement of rights is costly and difficult in the online environment

SOCIAL MEDIA

9/22/20174

Businesses cannot afford to ignore social media

Over 2 billion Facebook users

Over 500 million tweets posted daily

Over 5 billion videos watched on YouTube daily

Business has become an interactive experience

The official Facebook profile for Coca-Cola hasover 105 million likes, BUT who are these people:

9/22/20175

The official Twitter account for STARBUCKS hasover 11 million followers, BUT who are thesepeople and how many followers do they have?

9/22/20176

9/22/20177

9/22/20178

Internet Memes ain’t nobody got time for dat!

9/22/20179

9/22/201711

9/22/201713

COPYRIGHT

9/22/201714

9/22/201715

Nature of Copyright in Artistic Works

9/22/201716

Reproducing the work in any manner or form

Publishing the work if it was hitherto unpublished

including the work in a cinematograph film or a television broadcast

making an adaptation of the work

FAIR DEALING

9/22/201717

Research private study personal or private use

9/22/201718

TRADE MARKS

9/22/201719

9/22/201720

9/22/201721

Personality Rights

9/22/201722

9/22/201723

Keyword Advertising

9/22/201724

PAID RESULTS

ORGANIC RESULTS

PAID RESULTS

IS IT INFRINGEMENT?

9/22/201725

Fair competition vs trade mark rights

Use as a “trade mark”?

The reasonably well-informed and observant internet user

9/22/201726

9/22/201727

Domain Names:Drop-catching in the .co.za domain space

9/22/201728

9/22/201729

THANK YOU