18 Dec 2009
GENEVA MARKETING (1998) LIMITED V JOHNSON & JOHNSON AND ORS CA CA679/2008
- Citation
- openlaw-dff8c76b_aadf_4759_8509_c28cd4400e3b.pdf
- Court
- Court of Appeal
On the facts the Court concluded that Geneva Marketing did not establish prima facie liability under s89(1)(c): although 'Sylk' and 'Silk' are aurally identical, the visual and contextual differences (use of the composite 'K-Y Sensual Silk', prominence and distinctiveness of 'K-Y', differing target markets, discerning and repeat purchasers) meant confusion would not be likely among a significant number of purchasers; accordingly the invalidity and revocation claims also failed and the appeal was dismissed.