[Louise Sterling]

Hi everyone

I have recently been made aware of a company calling themselves EduwriteSA (http://www.eduwritesa.co.za) with a core business of developing learning materials. My business Eduwrite has been a registered company since 2004. I am concerned about this. Has anyone had any experience of this type of copycat “cloning” and advice on what to do? 

Thanks Louise

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[James O’Donoghue]

Dear Louise.

Please complain to the DTI. I do not know whether Mr. Victor Makau is still the Corporate Specialist Investigator there, but his contact details are /were T.+27 (0) 12 394 1307 | F. +27 (0) 12 394 2307  | E.vmakau@thedti.gov.za

[David Jooste]

Hi Louise

Unless you have trade mark your company name through the CIPC there is not much that you would be able to do. I know CIPC have a “defensive name registration” option but you will have to go to your nearest CIPC office so that they can explain it to you as my understanding of it is also not clear but perhaps given that you have registered your company in 2004 they can do something for you. But registering a defensive name would prevent them from trade mark their name effectively forcing you to change your company name.

for the time being I would suggest you put a public notice on your webpage that your company in no manner affiliated with this company and that you have been in existence since 2004 and if possible get some testimonials from existing clients

I hope this help

[Dr Jacqueline Baumgardt (Jax)]

Take it to the CIPC, Louise. This is a direct infringement of your IPR and amounts to passing off in terms of the Trademarks Act.  If you can afford it, consult an attorney who specialises in IPR. 

[Dr Jacqueline Baumgardt (Jax)]

I agree, David. 

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