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I am the owner NSD Powerball South Africa cc which is a registered

 
Barendb's Avatar
  • Answered by:Barendb
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in South Africa Law

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Customer Question

I am the owner NSD Powerball South Africa cc which is a registered company. We sell a product called PowerBall. Despite the fact that the recent launch of the PowerBall Lottery in South Africa has dramatically increased the traffic on our website I am concerned as to the legality of what the National Lottery has done. As you can imagine we are experiencing a number of calls and emails regarding the PowerBall Lotto.

 

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Province: Western Cape

Already Tried:
I have emailed cipro (Registrar of Companies/DTI) and have had no reply. Other than that I have done nothing else yet.

Submitted: 1250 days and 10 hours ago.
Category: South Africa Law
Value: $30
Status: CLOSED

Accepted Answer

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Expert:  Barendb replied 1250 days ago.

Dear Sir / Madam,

I doubt whether there can be any confusion between what you are selling and the PowerBall Lotto. There might be trademark concerns if you are the registered trademark holder, but the context in which the names are XXXXX XXXXX are so different, that even a trademark challenge would be dicey.

In fact, it appears as if your website is getting more exposure as a result, and that you are not suffering damages in the sense that you're customers are now looking to the Powerball Lotto and not your product.

Regards,
Barend

Expert TypeLegal Consultant
Category: South Africa Law
Pos. Feedback: 95.1 %
Accepts: 960
Answered: 11/8/2009

Experience: BLC LLB (Pret) LLM (Augsburg)

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