STEYN IP

30/05/2026

When does parody become trade mark infringement?

That question is at the centre of a fascinating dispute between outdoor apparel giant Patagonia and environmental drag activist Pattie Gonia.

Patagonia has sued Pattie Gonia in USA for trade mark infringement after the activist sought to register PATTIE GONIA for clothing and environmental advocacy-related activities. Interestingly, Patagonia is only seeking $1 in damages, but wants the court to prevent the registration and continued use of the mark in certain commercial contexts.

Based on the online conversations, many people see this as a battle between a global corporation and an activist. With comments ranging from thought provoking to outright punitive. From a trade mark perspective, however, the legal question is usually much narrower.

Trade mark law is not primarily concerned with whether someone is funny, creative, political, or making a social statement. The question is whether the public may believe there is some connection, sponsorship, endorsement, licensing arrangement, or commercial association between the parties. Here, parody becomes legally complicated.

Parody often relies on consumers recognising the original brand. The more successful the parody, the more likely consumers are to make that connection. Yet if that connection becomes strong enough to suggest an affiliation, the parody may start drifting into trade mark territory.

Pattie Gonia argues that drag culture is built on parody, puns and wordplay. Patagonia in turn argues that PATTIE GONIA is being used as a brand for goods and services that overlap with its own activities and environmental advocacy efforts.

The fine line here is that parody generally comments on a brand, while infringement may occur when consumers begin to think the parody is the brand, endorsed by the brand, or commercially connected to the brand. It will be interesting to see where the US court draws that line.

For businesses, creators and influencers alike, this serves as a reminder that clever wordplay can be a powerful marketing tool, but trade marks remain valuable commercial assets that owners are often legally obliged to protect.

28/05/2026

Using trending music on TikTok or Instagram for your business campaign does not automatically mean you have the legal right to do so.

Warner Music Group and Crumbl Cookies have reportedly reached an undisclosed settlement in a copyright infringement lawsuit involving the alleged unauthorised use of 159 songs in social media marketing content. The claimed damages are in the area of 23 million USD.🍪

The case is a reminder of one of the biggest misconceptions in modern digital marketing, being that
if a song is trending on social media, it is free to be used.

Many businesses also wrongly assume that because music is available inside a platform’s library, it is automatically cleared for commercial brand use. In reality, platform licences often distinguish between personal creator use and commercial advertising or branded promotional use. Once music becomes part of a company’s marketing strategy, the legal position changes dramatically.

According to the allegations, Crumbl’s videos relied heavily on popular music as a central feature of the content itself. Warner argued the music helped build the brand, drive engagement, and generate sales without proper licensing or permission.

This is not an isolated issue anymore either. Major labels are aggressively pursuing brands, retailers, hotels, universities, and online businesses over social media music usage. The ‘Bang Energy’ decisions in the USA opened the door for many of these claims and established precedent that courts are willing to treat social media infringement seriously.

At STEYN IP®, we have also been involved in a similar undisclosed settlement between a major record label and a large insurer relating to music used in online marketing content. These disputes are very real, even for sophisticated corporate entities and local brands.

In modern marketing, music is not just “background sound.” It is intellectual property with significant commercial value… And the more successful the campaign becomes, the bigger the legal target may become too.

If you need assistance in IP, or simply need a quick “how to” guide to avoiding online infringement, give us call. 😎

25/05/2026

You may have seen Jonsson Workwear giveaway of 100 000 supporter shirts by now.

Most South Africans immediately recognise the colours, overall feel, and emotional association with our national sports teams. From an IP perspective, this is fascinating.

In South Africa, SARU holds extensive intellectual property rights linked to the Springboks and associated branding. Those rights extend beyond the official crest, and include trade marks, merchandising rights, sponsorships, and commercial branding linked to the iconic Green and Gold.

Think of official collaborations and licensed merchandise partnerships like Old School, as well as officially licensed SARU supporter merchandise sold through major retailers.

But then we see campaigns like this. No official logo. No use of protected marks. No obvious counterfeits. Yet the emotional association is unmistakably South African.

So where does national pride end and infringement begin?

This is where companies sometimes adopt clever “avoidance” strategies. Certain colours, layouts, themes, and visual cues may be used to evoke national support without technically crossing into infringement territory. That does not necessarily mean there is no legal risk. But equally, not every green jersey sold automatically belongs to SARU.

The law becomes particularly nuanced where concepts like confusion, false association, passing off, dilution, ambush marketing, and cultural considerations around national identity begin overlapping. Sometimes the lines are clear. Sometimes they become very blurred.

Perhaps that is what makes these campaigns so interesting. They force us to ask whether certain colours and sporting symbolism can ever truly be “owned” in the minds of supporters, or whether there remains a space where public identity, cultural support, and commercial branding can coexist.

Whatever the legal view, we won’t mind adding one of these to our collection of supporters shirts in the STEYN IP office. 🏉

22/05/2026

War of the MINIs

BMW and BYD have crossed swords in more than one trade mark dispute.

The first dispute concerns BYD’s attempt to register DOLPHIN MINI in the UK. BMW opposed the application, relying on its well-known MINI brand. In May 2026, the UKIPO partially upheld BMW’s opposition. BYD’s mark was refused for cars and related car goods, but allowed to proceed for heavier commercial vehicles.

The UKIPO accepted that “mini” is a word that may be descriptive in some contexts. However, when used in relation to cars, they found that consumers would still make a link with BMW’s MINI, and that BYD could gain an unfair advantage from that association.

The second dispute went differently. In Indonesia, BMW sued BYD over the use of M6 for an electric MPV. BMW’s concern is understandable. M6 sits within the BMW naming universe, especially in BMW’s performance heritage and the strength of the “M” series. But in June 2025, the Central Jakarta Commercial Court dismissed BMW’s claim, finding sufficient distinction between BMW M6 and BYD M6.

So, why did MINI succeed where M6 failed? Possibly because MINI functions as a standalone brand, while M6 is a shorter model designation operating in a more crowded vehicle naming environment. A well-known word mark may travel further than a model code, even in the same industry.

From a South African perspective, the question becomes interesting: would our courts place more weight on BMW’s reputation and the identical use of MINI, or would they ask whether consumers would really see BYD DOLPHIN MINI as connected to BMW?

And with M6, would the addition of the BYD house brand be enough to avoid confusion, or would BMW’s reputation in its M-series carry the day?

Trade mark rights are powerful. But even famous brands do not automatically own every possible commercial use of every letter, number, or descriptive word near their brand universe.

At STEYN IP® we help businesses protect brands strategically, not emotionally.

20/05/2026

Is Audemars Piguet x Swatch brilliant brand strategy, or luxury self-dilution?

The new Royal Pop collaboration takes Swatch’s playful Bioceramic world and places it next to one of the most recognisable silhouettes in watchmaking. From an IP perspective, this is fascinating.

The AP Royal Oak is not just a watch. Its octagonal bezel, visible screws, integrated bracelet, tapisserie-style dial, and overall shape form part of AP’s visual identity. It is a great example of different IP rights speaking to one another.

AP’s recent difficulties in protecting the Royal Oak shape as a trade mark in the USA and Japan is also a problem. The moment an iconic shape becomes harder to control legally, it becomes easier to imitate commercially.

So what do you do? If you are AP, you move first…

The Royal Pop collaboration may be more than a clever product launch. It may be a pre-emptive brand positioning exercise. Instead of waiting for copycats and opportunists to take advantage of the “unprotected” shape, AP moves into that space on its own. This, however, creates a risk that brand owners begin to blur the distinctiveness of their own marks through mass-market collaborations or controlled disruption.

The short-term gain is obvious. Hype. New audiences. Consumer madness. Cultural relevance. The long-term question is more uncomfortable. If consumers are taught that an iconic luxury shape can appear in cheaper, collaborative, or unexpected contexts, does that strengthen the brand’s cultural power, or weaken the exclusivity that made it protectable?

AP may control this use. But IP is not only about permission. It is about distinctiveness, perception, market control, and long-term brand architecture.

At STEYN IP, we believe the most valuable brands are not only creative. They are carefully protected, consistently managed, and strategically licensed.

Because sometimes the biggest threat to a famous brand is not the obvious copycat, but the brand’s own success.

15/05/2026

🎙️ The Intellectually Correct Podcast S2:E8 with Dr. Shaun Redgard .

Science. Innovation. Entrepreneurship. Intellectual property.

In this episode, Christiaan Steyn sits down with Dr Shaun Redgard, CEO and Founder of Karvaura, chemical scientist, entrepreneur, and innovation-driven thinker.

With a background in chemistry, research, business strategy and leadership, Dr Redgard brings a fascinating perspective on how ideas move from the lab, to the market, and into real-world impact.

We discuss the value of curiosity, discipline and strategy, and why protecting innovation matters when building something meaningful.

For the dreamers, thinkers, builders, scientists, entrepreneurs and innovators shaping the future, this one is for you.

Watch the episode on the STEYN IP® YouTube channel: https://youtu.be/Zdy_tiBRPKo?si=iAFvLm8c1qwvToVi

This week on The Intellectually Correct Podcast, Christiaan Steyn sits down with Dr Shaun Redgard, CEO and Founder of Karvaura, chemical scientist, entrepren...

13/05/2026

Is Dua Lipa in a boxing match with Samsung…? 🥊

Reports have surfaced that Dua Lipa has filed a lawsuit against Samsung in the United States, claiming at least 15 million USD in damages over the alleged unauthorised use of her image on Samsung television packaging. According to reports, Dua Lipa claims that she owns the copyright in the photograph and that the use of her image created the impression that she endorsed or was associated with the product. Samsung has reportedly denied intentional misuse and stated that the image was provided by a third-party content partner, with assurances that the necessary permissions had been secured.

Businesses sometimes need to be reminded that just because an image is online, searchable, or easy to access does not mean it is free to use commercially. Before an image lands on packaging, advertising, websites, social media, or any other commercial material, the rights still need to be properly cleared.

Photographs are protected by copyright the moment they are created. In many cases, separate rights may also exist in a person’s likeness, image rights, endorsements, branding, and surrounding marketing context. Using a celebrity image to promote or sell a product without proper authorisation can create serious legal exposure, especially where the use creates an implied association or endorsement.

This is where IP, especially copyright, becomes very real very quickly. An image on packaging can trigger claims involving copyright infringement, unlawful commercial exploitation, passing off or false endorsement, and brand or reputation damage. In modern marketing, visuals move fast. Faster than legal reviews sometimes do. But “we found it online” has never been a defence.

At STEYN IP®, we always remind clients that clearing rights before launch is far cheaper than litigating after launch. Protect your brand. Respect the rights of others. And never assume a photo is “just a photo.” 📷

10/05/2026

Happy Mother’s Day from STEYN IP®. 🌸

Today we celebrate the mothers, grandmothers, stepmothers, adoptive mothers, and mother figures who help shape the world long before most people even realise it.

Behind so many dreamers, innovators, creators and entrepreneurs, there was often a mother who encouraged them to keep going, believe bigger, create boldly, and stand back up when things became difficult. In many ways, the first people to protect our dreams are our mothers.

At STEYN IP, we spend our days helping people protect what they build, create and imagine. Today, we simply want to recognise the people who so often helped build the dreamers themselves.

To all the moms balancing careers, businesses, families, creativity and chaos with strength and grace, we see you, we celebrate you, and we hope you have a wonderful Mother’s Day. 💐

08/05/2026

🎙️ NEW EPISODE | The Intellectually Correct Podcast S2E7 featuring Ettiene Botha (Ezra)

Inspired by anime and driven by bold creative ambition, Ezra started Ezra Art and grew it into Wonderr Studio, a creative business focused on branding, design and creative solutions, with the long-term vision of becoming a full-fledged 2D animation studio.

In this episode, Christiaan and Ezra unpack the rise of AI in the creative industries (yes…again😉), as well as building a brand and creative business from passion, the journey from artist to studio founder, creativity, innovation and protecting creative work, and the future of animation and storytelling.

Whether you are an artist, designer, animator, founder or creative entrepreneur, this episode offers valuable insight into building a creative dream with purpose and protection in the age of AI.

Join the discussion at: https://youtu.be/JgYuMrQ13X0?si=eYJVnuJG7ifs8nCV

Don’t forget to like, subscribe and share with someone who needs to hear this. 🚀

More about the guest: https://wonderrstudio.co.za

In this episode of The Intellectually Correct Podcast, we sit down with Ettiene Botha, also known as Ezra, founder of Ezra Art and .Inspired b...

04/05/2026

May the 4th be with you. 🚀

Behind the lightsabers, Sith Lords, and iconic opening crawls lies one of the most powerful intellectual property portfolios in the world.

The Star Wars universe is a masterclass in IP strategy. Trade marks protect names like Darth Vader and Yoda, and even phrases like “May the Force be with you.” Copyright protects the films, scripts, music, artwork, characters, and storylines. Design rights (and their equivalents globally) protect the look and feel of iconic creations, from Mandalorian armour to the Tri-Wing Starfighter. This layered protection is what allows the franchise to expand across films, series, merchandise, games, and experiences without losing control of its identity.

Star Wars did not become a cultural empire by accident. It was built on creativity, and protected through the strategic use of intellectual property. Every character, every symbol, and every story element forms part of a carefully protected ecosystem.

So today, while you celebrate your favourite galaxy far, far away, ask yourself: What part of your business or brand is worth protecting like that?

At STEYN IP, we help turn ideas into protected assets.

…May your brand be with you.

01/05/2026

Today we celebrate Workers’ Day in South Africa. 🇿🇦

Workers’ Day reminds us of the long fight for fair labour practices, dignity in work, and the recognition that people deserve protection for the value they create.

That value is not limited to physical work. In today’s economy, some of the most important work happens through ideas, creativity, innovation, branding, design, technology, music, writing, and entrepreneurship.

That is where intellectual property becomes so important. IP protects the work of the mind. It gives creators, innovators, entrepreneurs, and businesses the legal tools to protect what they have built and to benefit from the value they create.

This Workers’ Day, we honour the people who build, create, solve, design, invent, write, perform, develop, and dream. Your work matters. Your ideas matter. Your brand matters.

Protect it properly. Speak to STEYN IP about protecting your trade marks, patents, designs, and copyright.