Mike is an up-and-coming sports gear designer. He is currently finishing a range of innovative rugby kits that he wants to market. Mike has capital to spend on employing marketing companies to market his new rugby kits, but he is aware that "The Rugby Championship" is about to commence, and he believes this is a perfect way to get his product out to the local and international markets much quicker than expected. He contacts a friend of his, Donna, to tell her about his new rugby kits. Donna works in Public Relations for "The Rugby Championship" organisers and, as a favour to Mike, she books him several electronic billboards for the next game and sends him "The Rugby Championship" logo to put on the advertising of his rugby kits. Mike designs his advertisements for Donna with the logo that she sent him, and he sends them back to Donna. She secures Mike certain timeslots on the electronic billboards at the stadium where South Africa will play New Zealand on Saturday 8 July 2023.

Not long after Donna reports to the organisers about the scheduled advertisements for the respective games, one of Donna's supervisors, Jabu, sees that she booked advertising slots for Mike. He checks the advertisers records to find that there is "no Mike" and "no new rugby kits" to be advertised on the sponsorship list. He also checks sponsorship records and does not see that Mike actually paid the organisers as a sponsor to advertise his rugby kits at the game.

In not more than three pages in length,answer the following questions:

(20)

(20)

Q.2.1

Discuss the form of unlawful competition that Mike has engaged in in this instance and what punishment in terms of the law may be given to a marketer who is engaged in this type of unlawful competition. Use at least THREE additional resources in your answer.

Q.2.2

Assume for this question only that Mike is visited by a counterfeit goods inspector, and the inspector finds that some of his rugby kits are actually counterfeit in that they bear a similar resemblance to rugby kits made by Mike's favourite sports brand, Nike. Mike is charged with the offence of "dealing in counterfeit goods." Advise Mike on what this offence means within the context of the Counterfeit Goods Act 37 of 1997. Use at least THREE additional resources in your answer.

 

Answer rating: 100% (QA)

Q21 Unlawful Competition Mike has engaged in deceptive advertising which is a form of unlawful competition Deceptive advertising involves making false ... View the full answer